WEBSITE TERMS OF USE
Acceptance of these Terms and Conditions
The terms and conditions set out in these Terms of Use (the “Terms and Conditions”) constitute a legal agreement between you and Blt401 Inc. (“Branch 401”), the owner and operator of the branch401.com website, regarding your access to and use of the Website. Your access or use of the Website or its Content (as defined herein) signifies your acceptance of the Terms and Conditions. Each time you use the Website you are agreeing to these Terms and Conditions as it then reads. If you do not agree with any of the Terms and Conditions you may not access or use the Website. By indicating “I Agree” upon your registration for the Website or by accessing this Website in any manner you are agreeing to these Terms and Conditions.
Purpose
This Website is intended to provide you with a platform to access informational resources, tools and features to assist you in your professional development and product knowledge (collectively referred to as the “Content” in these Terms and Conditions). You agree to use the Website and the Content only for such Purpose. While Branch 401 makes best efforts to ensure that the Website and the Content are complete, accurate and up to date, you should not rely on the statements contained herein without referring to specific documentation or other supporting material from CSTC.
Permission to use the Website
You are only authorized to access or use the Website if you agree to use the Website and the Content for the Purpose, and if you agree to abide by all applicable local, national or international laws, rules and regulations, and these Terms and Conditions. This Website is designed for use in Ontario, Canada. You may not use the Website or the Content if you live in a jurisdiction where laws (whether common or statutory) would: (i) void these terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law, the disclaimer and the limitation of liability); or (ii) render accessing or using the Website or the Content illegal.
Use of the Website is by Branch 401 Representatives only.
Account, Passwords and Security
You are required to register in order to use the Website. You will be required to use: (a) your cst email as your username for the account, and (b) a password which conforms to the password strength requirements of the account page. You must maintain the confidentiality of your password. You are entirely responsible for all activities that occur on your account. You agree to notify the Branch 401 immediately of any misuse of your account or any security breach of which you become aware.
Confidentiality
The Content provided in the Website is intended for use by and for the benefit of registered members only. You will retain in confidence and will not share Website or Content with non-members. You will require your employees, agents and contractors to retain in confidence all information that Branch 401 discloses to you through the Website which would reasonably be viewed as confidential in the circumstances of the disclosure (“Confidential Information”). The foregoing obligations will not apply to: (i) information that is or becomes generally publicly available through no fault of you; (ii) or information that you obtain from a third party who is under no obligation of confidentiality to Branch 401.
Ownership and License
You acknowledge that the Website and the Content, including any trade-marks, maps, forms, information, software, photos, video, text, graphics or other material available on the Website are protected under Canadian and international copyright laws and other intellectual property laws. Your use of the Website or its Content does not transfer to you any ownership or other rights in the Website or its Content. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, republication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of the Website and/or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Website or the Content is strictly prohibited. Subject to these Terms and Conditions, you are granted a limited, non-transferable and non-exclusive license to access, view and use the Website and the Content for the Purpose and are granted the right to download, store and print single copies of items comprising the Content for the Purpose. This license is revocable by Branch 401 at any time without notice, with or without cause.
You may not interfere or attempt to interfere with the proper working of the Website or any link related thereto. You may not take any action that compromises the integrity of the Website or its Content. Except as expressly provided in these Terms and Conditions, the Website and its Content may not be shared, copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, framed, or distributed in any form or by any means, in whole or in part, without the express written consent of Branch 401.
If you violate any provision of these Terms and Conditions, your permission to use the Website and the Content automatically terminates and you must immediately cease use of the Website and destroy any copies you have made of any Content.
Site Links
The Website may include links to other Internet sites maintained by third parties (“Linked Sites”). Branch 401 provides access to Linked Sites solely as a convenience to you. Branch 401 has no control over Linked Sites and you acknowledge and agree that the inclusion of Linked Sites does not imply endorsement by Branch 401 of Linked Sites or any content, advertising, products or other material available from Linked Sites. For greater certainty, Branch 401 shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
Modifications
You agree that the Branch 401 may, in its sole discretion and without prior notice or liability, at any time either temporarily or permanently discontinue or modify any aspect of the Website or the Content, including, without limitation: (i) restricting the time the Website and/or the Content are available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Website or Content. It is your responsibility to ensure that you are accessing the most current version of the Website.
Disclaimer
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WHILE BRANCH 401 ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, BRANCH 401 DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE CONTENT CONTAINED WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THAT THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE WEBSITE WILL BE AVAILABLE OR THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT (BE THEY HUMAN OR COMPUTER ERRORS) WILL BE CORRECTED, (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED, AND (VII) ANY AND ALL WARRANTIES, OBLIGATIONS, AND CONDITIONS ARISING OTHERWISE. THE USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE BRANCH 401, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST REVENUE, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, REPUTATION OR GOODWILL, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEBSITE, THE CONTENT, ANY LINKED SITES OR THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF BRANCH 401 KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
Indemnity
You agree that your use of the Website and/or the Content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Branch 401, or their officers, directors, employees or agents. You agree, at your own expense, to indemnify, defend and hold Branch 401, and their officers, directors, employees or agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these terms; and/or (ii) your use of the Website and/or the Content.
General
These Terms and Conditions shall be construed and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to exclusive jurisdiction of the courts of Ontario. These Terms and Conditions will ensure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable to any extent, then the remainder of these Terms and Conditions will have full force and effect.