Effective: April 10, 2021
This website is provided by Rascom Greenbuild Services (RGS) as a source of information and comprises a legal agreement between Rascom Greenbuild Services and the person accessing and using this website (you).
Purpose
The website is made available to you for the purpose of providing you with information, about RGS’s business, operations and products in Canada.
Use of this website
If we determine that a person under the age of majority has provided personal information to this website, RGS will delete said information as soon as practical. If you become aware that such information has been provided, please contact us directly so that we can delete said information.
In accessing and using the website, you agree that you will not do any of the following (Code of Conduct):
- Restrict or inhibit any other visitor from using this website, including, without limitation, by means of hacking or defacing any portion of this website
- Use the website or content on or from the site for any unlawful purpose
- Express or imply that any statement you make is endorsed by RGS, its parent, subsidiaries and/or affiliates
- Submit data or information or otherwise transmit material through the website that is:
- copyrighted, protected by trade secret, or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information
- is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing, or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule, or regulation, or is otherwise objectionable, or infringes RGS’s or any third party’s intellectual property rights or other rights
- is intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation
- is non-public information about a company or individual without the express written authorization to do so
- Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully
- Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the website
- Remove any copyright, trademark, or other notices of proprietary rights contained on the website
- “Frame” or “mirror” any part of this website without RGS’s Canada’s prior written authorization
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents
- Harvest or collect information about site visitors
- Take any action that imposes an unreasonable or disproportionately large load on RGS’s infrastructure
Suspension and termination of access
RGS may suspend or terminate access to the website at any time in its discretion and immediately without prior notice and without further obligation or liability to you for any reason and without any liability of any kind or any nature whatsoever to you.
Information posted on this website
The information, data, content and materials on the website (Materials) are provided for your review in accordance with the Terms and Conditions. RGS reserves the right to change the Materials for any reason whatsoever and without notice
RGS cannot and does not guarantee the accuracy or completeness of the Materials. The Materials may contain technical inaccuracies and typographical errors and RGS reserves the right to correct such errors at any time
Some of the Materials may be owned by third parties (Third Party Materials). You agree that all of the Terms and Conditions relating to the website apply to your access to and use of any Third Party Materials and you further agree to comply with any Terms and Conditions that are specific to the Third Party Materials, including the Terms and Conditions specified under these Terms and Conditions. RGS is not responsible and assumes no liability for any Third Party Materials.
If you make any information, data or content available to RGS on or through the website, including by contacting us, or providing comments or ideas on or about our website (User Content), you are deemed to grant RGS a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through or in connection with the website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the website.
Links to other websites & social media platforms
This website contains or may contain links to websites and social media platforms owned and operated by Third Parties. These links are provided to you only as a convenience and their presence on the website does not imply endorsement by RGS of such website or of any association with such websites’ operators. RGS makes no representations whatsoever about any other website you may access through this website.
We strongly encourage you to become familiar with the terms of service and/or terms of use and practices of any linked website or platform. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of items such as viruses, worms, trojan horses, defects, time bombs, date bombs and other items of a harmful nature. Any concerns regarding products or services offered by a website to which this website is linked or the link itself should be directed to the operator of that specific website and not RGS.
Copyrights, trademarks and patents
All software and Materials on this website such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is owned or licensed by RGS, its parent, affiliates or its software and content suppliers and licensors. Such software and Materials are protected by Canadian, United States and/or international copyright laws.
The collection, arrangement and assembly of all Materials on this website is the exclusive property of RGS and protected by applicable copyright laws.
RGS grants you permission to view and use Materials and software made available to you on the website in connection with your use of this website only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the Materials or software on the website is strictly prohibited. RGS, its parent, affiliates and its suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content, and all other material that appears on the website. Accessing the website does not confer and shall not be construed as conferring upon you or anyone else any license to RGS’s or any third party’s intellectual property rights.
This website may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks, and trade dress (collectively, “Trademarks”) on the website are registered and unregistered trademarks of RGS and other parties. Use of the website in no way grants any license or right to use any Trademark displayed on the website. RGS, its parent, affiliates and its licensors require prior written approval for the use of any Trademarks, as part of a link to or from any website. RGS, its parent, affiliates and licensors also require prior written approval to use the RGS Logo, RGS name and any other RGS related marks in any form of advertising or any other public use.
Personal information
You agree that your use of this website is subject to the terms of our Privacy Policy/Statement, which is hereby incorporated by reference into, and forms an integral part of the Terms and Conditions. By agreeing to the Terms and Conditions or by using this website, you expressly consent to the collection, storage, use and disclosure of your information, including your personal information, according to the Privacy Policy/Statement.
Disclaimer of warranties and limitation of liability
Consumer protection laws in Québec prohibit any stipulation that would relieve a merchant from the consequences of his or her own action. If you are a Québec consumer, to the extent prohibited under Quebec law, this section does not apply to you to the extent that it would relieve RGS or its representative(s) of liability for any action of RGS.
You assume all responsibility and risk for the use of this website and the internet in general. The website, the materials, any content, and all products and services offered through the site are provided “as is” and “as available” and without warranties or representations of any kind, either express or implied. To the fullest extent permissible by applicable law, RGS, its respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, representations and conditions in connection with the website and any content, express or implied, including without limitation implied warranties or conditions of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
RGS and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the website will be uninterrupted, error-free, or secure, that defects will be corrected or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed to access and use the site and all charges related thereto. You assume all responsibility and risk for your use of the website and your reliance thereon. No opinion, advice, or statement by RGS, its parent, affiliates, or its licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
You expressly acknowledge and agree that RGS shall have no liability or responsibility whatsoever for:
- any unauthorized access to or use of servers on which the website is hosted and/or on which any of your personal information stored therein
- any interruption or cessation of transmission to or from the website
- any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a harmful nature which may be transmitted to or through the website by a third party
- any errors, mistakes, inaccuracies, or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available via the site. RGS does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site
You agree that RGS, its parent and its affiliates will not be responsible or liable for damages of any kind arising out of your use of the website, including, without limitations, direct, indirect, special, incidental, punitive, and consequential damages, and damages resulting from the loss of use, data, profits, or business interruption arising from or in any way connected with the use of the website. This also includes delays in being able to use the website, the inability to use the site or any portion thereof, or any hyperlinked site, whether based on tort, negligence, strict liability, or otherwise, even if RGS, its parent and/or its affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these Terms and Conditions.
Indemnification
You agree to indemnify, defend, and hold harmless RGS, its parent, subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from:
- your actual or alleged breach of these Terms and Conditions, including, without limitation, the Code of Conduct
- any allegation that any content or other material you have submitted or transmitted to the website infringe, misappropriate or otherwise violate the copyright, trademark, trade secret, or other intellectual property rights of any party
- your activities or omissions in connection with this website
Dispute resolution
RGS makes no representation or warranty that Materials on the website are appropriate or available for use in any particular jurisdiction.
You agree that these Terms and Conditions and your use of the website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby agree and consent to arbitration as the exclusive means to hear and settle all disputes:
- arising out of, relating to, or concerning these Terms and Conditions, the website and your use thereof
- in which the website and/or these Terms and Conditions are an issue or a material fact
- in which the website or these Terms and Conditions are referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization
You agree to waive, to the fullest extent allowed by applicable law:
- any claims for punitive or exemplary damages
- except with respect to consumers in the Province of Quebec to which such waiver does not apply, any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the website or these Terms and Conditions
Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is final, binding, and subject to limited review by a court. You agree that this arbitration section shall survive termination of these Terms and Conditions. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the website. Any dispute or claim made by you against RGS or against any of its subsidiaries, parent, or affiliated companies arising out of or related to your use of the website, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration.
The arbitration of any dispute or claim shall be conducted with the Rules of the American Arbitration Association and any such arbitration shall be brought and held in Concord, Ontario, and will be conducted in the English language. An arbitrator may not:
- award relief in excess of or contrary to what these Terms and Conditions provide
- order consolidation or arbitration on a class wide or representative basis
- award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute
Any arbitration shall be confidential and neither you nor RGS may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this Section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect
All administrative fees and expenses of arbitration will be divided equally between you and RGS. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
Miscellaneous
RGS reserves the right to modify or replace the Terms and Conditions. Should RGS wish to modify or replace these Terms and Conditions, at any time and without notice to you. RGS will update the date of the terms each time changes are made and may otherwise post a notification on the website or in the Terms and Conditions that the Terms and Conditions have changed. You are responsible to review the Terms and Conditions to ensure you are familiar with any such changes. If you use the website after receiving notice of any such modification or replacement, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use, which modified or replaced terms of use shall be the Terms and Conditions.
You agree that information related to your use of the website may be subject to legal process. Information and data that you submit to RGS through the website may be subject to legal process (e.g., a subpoena) by RGS or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that RGS will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that RGS may not have an obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered, or otherwise disclosed.
RGS’s performance of these Terms and any other policy contained on the website is subject to existing and future laws and legal process. Nothing in these Terms and Conditions is in derogation of RGS’s right to comply with law enforcement requests or requirements relating to your use of the website or information given to or gathered by RGS with respect to such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and RGS as a result of these Terms and Conditions or your use of the website.
Any rights not expressly granted to you herein are reserved by and to RGS, its parent, affiliates, subsidiaries, and licensors, and other third parties.
These Terms and Conditions, the Privacy Policy/Statement and the applicable terms of sale constitute the entire agreement between you and RGS with respect to the subject matter thereof. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether written, oral, or electronic, between you and RGS with respect to the website.
Any actual or alleged waiver by RGS of any actual or alleged breach of the Terms and Conditions by you shall not be deemed to be a waiver of any future breach.
A printed version of these Terms and Conditions and/or any notice given by RGS in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions or your use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by RGS in printed form.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue to govern your use of the website.
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, RGS under these Terms and Conditions, please contact RGS by clicking Contact Us, or by delivery in person, by courier or by the mail, to:
Rascom Greenbuild Services
14 Connie Crescent, Unit 8
Concord, ON L4K 2W8
RGS may provide notices or communications to you on the website and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sub-licensable by you except with RGS’s prior written consent. RGS may assign, transfer or delegate any of its rights and obligations hereunder without your consent.