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I AGREE TO THE THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT. BuildForce (the “Company”) maintains this e-learning website as a service to its members and customers. By using this website you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information, obtain documents or participate in the e-learning courses available from this site. 1. Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the Company’s e-learning website (the “Site”). This Agreement constitutes the entire and only agreement between Company and a user of the Site (“User”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents. This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. 2. Copyright The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 3. Editing, Deleting and Modification Company reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. 4. Indemnification User agrees to indemnify, defend and hold Company and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User’s violation of this Agreement or use of the Site or any damages caused by the User’s reliance on the information contained on the Site. 5. Non-transferable User’s right to use the Site is not transferable. Any password or right given to User to obtain access is not transferable. User represents to the Company that the User has completed the training courses available on the Site on their own behalf on not on the behalf of a third party. 6. Disclaimer THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER'S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER. THIS SITE AND THE INFORMATION, FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. The material contained on the Site is presented to the best of our knowledge, but the Company disclaims any responsibility for any direct, indirect, consequential, or other damages suffered or caused by the User or any third party resulting from any action taken pursuant to the information contained on the Site. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. 7. Use of Information Company reserves the right, and User authorizes Company, to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the Company Privacy Policy. 8. Miscellaneous This Agreement shall be treated as though it were executed and performed in Ontario, and shall be governed by and construed in accordance with the laws of Ontario (without regard to conflict of law principles). Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. 9. Links to Other Web Sites This site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our site and access these third party sites, you do so at your own risk.
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