BILD reserves the right, at its discretion, to change, modify, add or remove any provisions of this Agreement at any time. If you continue to use the Website after the posting of any changes to these terms and conditions, this will signify that you agree to the changes. This Agreement constitutes the entire agreement between you and BILD and supersedes any prior agreements between you and BILD regarding the use and contents of this Website.
We will wherever possible aim to:
- Respond within two (2) business days.
- Respond directly to the individual that has posed the question via the email (or social application) provided.
- If the same (or similar) question is received a minimum of ten (10) times over the course of the campaign, we will post the question and answer to BuildingAnswers.ca.
- Answer general industry and development related questions as they pertain to the geographical region of the GTA (including Simcoe Country but excluding Hamilton – I.E. the territory for which BILD GTA is responsible for).
- Advise if we are unable to respond to a question because the question falls outside the scope of BILD GTA’s campaign, geographic region, or areas of expertise.
- Advise if we are unable to respond to a question because a regulatory body (such as the province, a municipality, a conservation authority or other body having jurisdiction) is better suited to respond. In these cases, we will endeavor, where possible, to provide links or contact information to assist with the inquiry.
- Advise if we are, or anticipate being, unable to meet the two (2) day window due to volume of inquiries, or because the response requires further research.
We will not:
- Answer questions related to specific companies, construction sites or projects.
- Answer questions that are outside the scope of BILD GTA’s campaign, geographic region, or areas of expertise.
- Answer questions outside of normal business hours (Monday to Friday 9:00 AM – 5:00 PM).
- Answer questions on public holidays or when the office is otherwise closed.
- Answer questions submitted through channels other than BuildingAnswers.ca or BILD GTA’s social channels.
You agree that content which is available through the Website, including without limitation, text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third party advertisers of or on the Website, may be protected by copyrights, trademarks, Website marks, patents or other proprietary rights and laws. Unless you are expressly authorized by BILD or the applicable supplier, sponsor or advertiser, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Website or any content (including any software) available through the Website.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website, or use of or access to the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BILD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BILD DOES NOT WARRANT THAT ITS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; BILD DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR AS A RESULT OF THE WEBSITE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA WHICH YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BILD OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Liability Limitations & Indemnification
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BILD OR ITS PARENTS, SUBSIDIARIES AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF BILD OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEBSITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEBSITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEBSITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, hold harmless and defend BILD, its officers, directors, employees, agents, successors, subsidiaries, sublicenses’ and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys’ fees and court costs) arising out of or related to the use of the Website by you or anyone acting under your direction, authority and control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password. This expressly includes the user’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material posted on the Website by a user.
You forever release and waive your right, and that of your minor offspring, assigns and successors, to bring suit against BILD for any injury or damage allegedly arising from the Website or your use of the Website including without limitation any injury or damage you may suffer as the result of viewing, uploading or downloading any images or content at the Website.
The Website, or third parties on the Website, may provide links to other sites and/or resources over which BILD has no control. BILD has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Quebec, Canada, without giving effect to conflict of laws provisions. You and BILD agree to submit to the personal and exclusive jurisdiction of the courts located in Ontario, Canada.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Any failure by BILD to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.