TERMS OF USE

By accessing and using this website (the “Website”), you are agreeing to these terms and conditions of use (the “Terms of Use”) and any other notices, guidelines and rules published by the Canadian Institute of Quantity Surveyors (the “CIQS”) on the Website from time to time (each of which is incorporated into these Terms of Use by reference), and all applicable laws and regulations governing the Website. Therefore, we suggest that you review these Terms of Use carefully.

If you cannot access these Terms of Use or any link provided as part of these Terms of Use, please contact us at: info@ciqs.org.

Who we are

Wherever used in these Terms of Use, the words “we”, “us” or “our” mean the CIQS and “you” means the individual accessing this Website.

Acceptable use of this website

We require you to follow several simple rules when accessing or using the Website. You must not:

a.  use the Website in violation of any law, rule or regulation;

b.  interfere with or disrupt the Website or any of our computer systems, servers, networks, databases, software, hardware or equipment used by or for the Website;

c.  interfere with the use or enjoyment of the Website by others;

d.  disseminate any unlawful or objectionable material on the Website;

e.  introduce code which is disruptive or harmful to the Website, us or others; and

f.  attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of the Website; logins and passwords of others; or personal information and personal accounts of others.

Accessing the Website from locations where its content is illegal is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws.

Online services and transactions

We may provide you with access to online services or transactions through the Website. Additional or different terms of use may apply to those services or transactions (the “Other Terms of Use”). You should carefully review the Other Terms of Use that apply before obtaining the particular service or completing a transaction. Where these Terms of Use are different from the Other Terms of Use, the Other Terms of Use will apply to the extent of the difference.

Intellectual Property

Unless indicated otherwise, the CIQS either owns the intellectual property rights (included, but not limited to, copyright) in the Website (including, without limitation, underlying HTML, text, trademarks, logos, designs, photos, product names and other content), or has obtained the permission of the owner of the relevant intellectual property rights for use in connection with the Website. The CIQS reserves all rights that are not specifically granted under these Terms of Use. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. For permission to use reproduce any portion of the Website or its content, or to make suggestions for Website improvements, please email us at: info@ciqs.org.

For certainty, the official symbols of the CIQS may not be reproduced, whether for commercial or non-commercial purposes, without our prior written authorization.

Intellectual property rights in links to other websites and social media platforms (collectively, the “Other Websites”) or in user contributed content are not held by the CIQS, unless we tell you otherwise. You must obtain the prior consent of the relevant intellectual property right holder before using or reproducing in any way such user submitted content.

User contributed content

The Website allows you and others to submit content to the Website. If you choose to submit content, please be civil and respectful. You must not:

1.  mislead us or anyone else as to your identity or the origin of the submitted content, or falsely claim to represent a person, organization or entity;

2.  post or transmit any message, content or link to content that:

a.  you either do not own or do not have the necessary rights to post or transmit;

b.  is in violation of any law, rule or regulation or any third party right, or promotes illegal activity or conduct that would contravene any law, rule or regulation or third party right;

c.  is abusive, hateful, homophobic, discriminatory, malicious, aggressive, threatening, violent, sexist, harassing, inflammatory, indecent, tortious, defamatory, knowingly false, misleading, deceptive, vulgar, obscene, offensive, scandalous, sexually explicit, profane, offensive or otherwise objectionable;

d.  incites hatred, racism, bigotry or physical harm of any kind;

e.  is unsolicited or unauthorized, such as unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," or any other form of solicitation (commercial or otherwise);

f.  is in breach of any confidence;

g.  includes personal data or information about others; or

h.  can result in us being liable to anyone else under any intellectual property rights law.

By submitting your content, you agree to give us a right to use the content that you submit in any way and to permit others to do the same; in both cases, without the need to give you notice, acknowledgement or payment (except in the case of personal information, in which case our right to do what we want with it is subject to the terms of our privacy policy (the “Privacy Policy”) other privacy policies and applicable consents). You also agree to waive your moral rights as an author of the submitted content under copyright law or any other intellectual property legislation.

While we may moderate certain interactive portions of the Website, we are not required to, nor should you expect that we will, take action in response to any content posted on the Website. The views expressed by others represent their own views and are not endorsed or approved by us, nor do we endorse or approve any events or other activities posted by a user.

We reserve the right not to post any content that you submit, and to remove, edit or move, at any time, any content submitted and posted on the Website which does not comply with these Terms of Use or for any other reason that we determine appropriate.

We will cooperate with law enforcement officials and comply with any court order with respect to any claim or investigation due to any content posted or activity that you undertake on the Website and will provide such content and provide information regarding your identity as well as other relevant information, in accordance with our Privacy Policy.

Links to Other Websites

You may see links on the Website to Other Websites a. We have included such links because they may be of interest to you. Unless otherwise indicated, Other Websites that link to this Website are controlled and maintained by third parties, and are not associated with us or endorsed by us. Accordingly, we do not endorse or recommend their content to you and we do not represent or warrant that the link will still work when you click on it or that the service or content contained in the link is useful, appropriate, virus-free or reliable. Therefore, your use of Other Websites and your dealings with their owners or operators is at your own risk.

Privacy

Your privacy is important to us! If you provide any personal information to us through the Website, you consent to the collection, use and disclosure by the CIQS of such personal information in accordance with our Privacy Policy.

Any information that you provide to or through Other Websites is not collected or controlled by the CIQS. Other Websites are not bound by our Privacy Policy. You should review the privacy policies of any Other Website before providing any personal or other information. Other Websites may not comply with the same privacy laws, policies and practices that we do! Please be careful.

Disclaimer of warranty / Limitation of liability

We cannot make the Website as current, informative and interactive as possible without the important legal disclaimers of warranty and liability set out below. Make sure you don’t skip this section!

Warranty disclaimer

Use of the Website and its contents is at your own risk. The Website and all of its content are provided "As Is". You must not rely on any content published on or linked to the Website without first making your own enquiries to verify it is accurate, current and complete. We do not make, and expressly disclaim to the fullest extent permitted by law, any representations, warranties, covenants and conditions, express or implied, arising out of operation of law, course of performance, course of dealing, usage of trade or otherwise, including any express or implied warranties and conditions of: merchantability; merchantable quality; fitness for a particular purpose; non-infringement; safety; quality; freedom from defects or that defects will be corrected; uninterrupted, virus-free or error-free use of the Website; or accuracy, currency, reliability, completeness or appropriateness relating to the content of the Website.

Limitation of liability

Under no circumstances will the CIQS, the members of the Executive Board of the CIQS, and the CIQS employees, agents and independent contractors have any responsibility or liability for any loss or damage whatsoever (including without limitation direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, and including, without limitation, any loss of profit, costs, expenses, harm to business, business interruption, reputation, loss of information or programs or data, loss of savings, loss of revenue, loss of goodwill, loss of tangible or intangible property, legal fees and expenses, wasted management or office time or damages of any kind whatsoever), whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with this Website, any linked Other Website (including without limitation any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, the Website, any linked Other Website, or any of the services or content of the foregoing), even if the CIQS has been specifically advised of the possibility of such damage or loss, or if such damage or loss was foreseeable.

Indemnification

You agree to indemnify and hold the CIQS harmless from any and all losses, damages, liability and costs (including reasonable legal fees and expenses) resulting directly or indirectly from any claim or demand against CIQS arising out of or related to the accuracy or completeness of the Website, your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another.

General

The CIQS reserves the right to supplement, remove or modify these Terms of Use at any time and from time to time without notice. Please check the Website regularly for any changes. If you continue to use the Website following changes to these Terms of Use, you will be deemed to have accepted such changes.

The failure of the CIQS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use or portion thereof is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The CIQS’s failure to insist upon or enforce strict performance of any provision of the Terms of Use or any right shall not be construed as a waiver of any such provision or right.

The Website and the Terms of Use are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. You agree to submit to the exclusive jurisdiction of the courts of Ontario.

Created: December 4, 2015