Terms of Use

Your use of the website at buildingreports.ca and buildingreports.com (“the Website”) and all contents therein is subject to these Terms and Conditions (“Terms”), our Privacy Policy, and any other relevant terms and condition, policies, and notices which may be posted on the Website. Please read the Terms before you start using the Website.

User Acceptance of Website Terms and Conditions of Use

The Website is owned by Building Reports Canada Inc. (“BRC”, “we”, “us”). Your use of this Website is subject to the following Terms. PLEAES READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

BY ACCESSING, READING, AND USING THIS SITE, YOU AGREE, ON YOUR OWN BEHALF OF ANY ENTITY ON WHOSE BEHALF YOU MAY BE ACTING, TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU SHOULD NOT USE THE WEBSITE.

As a condition of your use of this Website, you represent and warrant that you will not use this site for any purpose that is unlawful, inappropriate or prohibited by the Terms.

From time to time the Terms of this Website may be modified or otherwise changed, so it is important that you review the Terms every time you use the Website. Changes will be effective when the changed Terms and Conditions are posted on this Site. You should check the Terms and Conditions frequently for changes by checking the date of “Last Update” at the top of this document. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms and Conditions are posted thereon will constitute acceptance of the changes.

This site is owned and operated by BRC, a company incorporated in Ontario, Canada. BRC reserves the right, at any time, to modify, alter, or update the Terms.

Proprietary Rights

All materials on this Website, including, without limitation, text, data, information, images, artwork, illustrations, audio clips, video clips, designs, logos, graphics, interfaces, or code and the selection and arrangement thereof (the “Content”), are protected by intellectual property rights owned and controlled either by BRC or its affiliates and subsidiaries, or by third parties who have licensed their material to BRC. BRC authorizes you to print or download a single copy of the Content from this Website solely for your personal, non-commercial use. Content may not be republished, posted, transmitted or distributed in any way without the prior written consent of BRC or except as specifically permitted on this Website. Modification of the Content or use of the Content for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyright and other intellectual property rights. The use of any such material on any other website or networked computer is prohibited.

Everything you see or read on this Website is protected by copyright and moral rights, unless otherwise noted, and may not be used except as provided in the Terms and Conditions without the written permission of BRC or the owner of the copyright and the holder of the moral rights.

The trademarks, trade names and logos (“the marks”) that you see on this Website are registered and/or common law marks of BRC or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to BRC.

Nothing in this site grants any license or right to use any marks displayed on this Website without the written permission of the owner of the mark. Your misuse of the marks displayed on this Website, or any other content on this Website, is strictly prohibited.

Please see the Intellectual Property legend at the bottom of this document that further identifies the ownership of the trademarks and copyrights relating to this Website or to BRC’s products and services.

Permitted Use of this Website

BRC maintains this Website for your personal information, education and communication in exchange for the opportunity to introduce our products and services to you. If you accept the Terms, we give you permission to browse this Website for your personal, noncommercial use, and we thank you for your interest in our products and services.

Most computers automatically store content from websites in their temporary folders upon viewing a website. BRC gives you permission to download one copy of the Content on one computer for your personal, non-commercial home use only, provided you do not delete or change legal notices, including but not limited to the Terms.

Prohibited Use of this Website

Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right to any of BRC’s, or any third parties, intellectual property rights.

Except as expressly provided above, you do not have the right to copy, produce, reproduce, or publish this Website’s Content in any material form whatsoever. You do not have the right to copy, produce, reproduce, perform or publish any translation of the Content’s text. You do not have the right to communicate the Content to the public by telecommunication.

You do not have the right to modify or prepare derivative works based on the Content, or to make a colorable imitation of any of the Content. You do not have the right to use any of the registered or common-law trademarks, trade names or logos on this Website. You do not have the right to make, construct, use or sell the inventions disclosed on this Website, whether or not protected by patent.

You may not make any changes to this Website, add or remove any content to this Website, or add any harmful or malicious content, software, programs, or any links to any harmful or malicious content, software, programs, or websites.

You may not, directly or indirectly, register any domain names which include any of BRC’s trademarks, trade names or any domain name confusingly similar to BRC’s trademarks, trade names or domain names.

You do not have the right to authorize anyone else to do any of these prohibited acts.

You agree not to use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; make any changes to this Website; post or send to the Website any unlawful, fraudulent, harassing, threatening, defamatory, indecent, sexually explicit, libelous, obscene information of any kind or otherwise violate any applicable law; post or send to the Website any information that contains a virus, bug, or other harmful item; re-deliver any of Website or the content using "framing", hyperlinks, or other technology without BRC’s permission; circumvent and from violating the security of this Website; attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any BRC server through hacking, password mining or any other means; or take any action which may interfere with any other user’s use and enjoyment of the Website.

You agree not to, directly or indirectly, register any domain names which include any of BRC’s Marks including trademarks, trade names or any domain name confusingly similar to BRC’s Marks or domain names.

Any violation of the Terms, including any violation of this section is strictly prohibited and a breach of the Terms.

Account Set-Up and Security

The security of your personal information is important to BRC. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's Internet connection are aware of these Terms and Conditions and comply with them. Some content or areas of the Website may require user registration. You agree that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. We do our best to protect your personal information however we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

User Submissions

Any information that you otherwise transmit to the Website by email or otherwise, including any questions or answers, comments, suggestions, or the like will become the property of BRC and, with respect to your rights, will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used without compensation by BRC, or its affiliates, or licensed to others by BRC, or its affiliates, for any and all commercial and noncommercial purposes, including but not limited to, mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast, and posting. Without limited the foregoing, by offering any information or material through the Website, you grant to BRC the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, copy, make derivative works from and distribute such information or materials in any and all forms and media.

You may not submit any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Please do not submit any material that is protected by trademark, copyright, patent, or other proprietary right without obtaining permission of the owner of that proprietary right.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at /m/privacy-policy, as we deem necessary for use of the Website and provision of services.

Links to other websites

This Website may contain links allowing you to leave this Website for websites owned or operated by parties other than BRC. Such links are provided solely for your convenience. BRC has not reviewed the other websites linked to this Website and is not responsible for the contents of any off-site pages or any other websites linked to this Website. The inclusion of any link to such websites does not imply endorsement by BRC of the other websites, other parties, other products, or other ideas. Clicking on any links, off-site pages or other websites is done at your own risk. Once you are linked to another website, you are subject to the policies of the new website, not those of BRC’s.

Online Purchases of BRC’s Membership Services

All orders, purchases or transactions for the sale of BRC’s membership services made using this Website are subject to the terms and conditions of the Membership Agreement, found after the manager’s first login.

Geographical Restriction

BRC is based in the province of Ontario in Canada. This Website is intended to be used by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. Those who choose to access this Website from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.

Disclaimer

Without limiting any other term or condition, everything on the Website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, USAGE OF TRADE OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY RELATIONSHIP OR AGREEMENT THAT YOU FORM WITH THIRD PARTIES INCLUDING OTHER USER(S).

THE TERMS ARE NOT, NOR SHOULD THEY BE INTERPRETED AS AN AGREEMENT BETWEEN YOU AND ANOTHER USER(S). BRC IS NOT A PARTY BETWEEN ANY RELATIONSHIP OR AGREEMENT FORMED BETWEEN YOU AND ANOTHER USER(S) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE.

This Website could include inaccuracies, viruses, errors, or harmful content. Your use and browsing of the Website is at your own risk. You agree to take full and complete responsibility for any use of the Content.

Neither BRC nor any other party involved in creating, storing, communicating, producing, or delivering the Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website.

BRC does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components. If your use of this Website or the Content contained on the Website results in the need for servicing or replacing property, material, equipment, or data, BRC is not responsible for those costs.

BRC neither warrants nor represents that your use of the Content displayed on the Website will not infringe upon rights of third parties not owned by or affiliated with BRC.

While BRC has made all reasonable efforts to ensure that the Content is accurate and current, BRC does not guarantee that the Content is error free, complete, accurate, reliable or current. Reliance on the information is not a substitute for professional advice.

YOUR SOLE REMEDY AGAINST BRC FOR DISSATISFACTION WITH THE WEBSITE, ITS CONTENT OR THE TERMS IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE.

Neither BRC, its parents, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Website or from the use of or the inability to use BRC’s materials. You specifically agree that BRC is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Website or any materials on the Website, or with any of BRC’s Terms, your sole and exclusive remedy is to discontinue using the Website.

Indemnification

You agree to indemnify and hold BRC and (as applicable), BRC’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless against any and all claims, losses, liabilities, causes of action, damages, and/or expense (including but not limited to attorneys’ fees) whatsoever, made by another user or a third party, whether direct or indirect arising out of your breach of the Terms or the documents it incorporates by reference, or your violations of any law or the rights of a third party.

Governing Law and Choice of Forum

The Terms are governed by and shall be construed in accordance with the laws of Canada and the Province of Ontario, as applicable, without giving effect to any principles of conflicts of law. If any provisions of the Terms prove unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.

Contact BRC Regarding Intellectual Property

If you are an owner of Intellectual property who believes that their intellectual property has been improperly used on this Website, please notify BRC immediately at:

Building Reports Canada Inc.
260 Church Street, Suite 203
Oakville, ON L6J 1N6
Phone 416.483.2895

e-mail: info@buildingreports.ca

Intellectual Property Legend

Building Reports Canada™, , ComplianceAssistant™, , Compliance Centre™, ScanSeries™, ManagerSeries™, BRForms™, FireScan™, SafetyScan™, SecurityScan™, SprinklerScan™, SuppressionScan™, and HVACScan™ are trademarks owned by BRC. All rights reserved.