Terms of Use

Terms of Use

Welcome to the CWB Group Website (the “Site”). Please carefully read the following terms of use before using this Site and associated services, including without limitation, the Technical Forum. BY USING THIS SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL RELATED POLICIES, CONDITIONS AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, THEN YOU MAY NOT USE THIS SITE.

CWB Group (“CWB Group”, “We”, “Our”, “Us”) reserves the right to change any of these Terms of Use or any other policies, conditions or guidelines governing the Site or in its sole and absolute discretion, any of the services which may, from time-to-time, and as available, be offered through the Site (the “Services”) at any time, without notice. Any changes or revisions will be effective immediately upon posting on the Site

Use of the Site

This Site may only be used for lawful purposes by individuals seeking information. Although the Site may be viewed across Canada, the Services may not be available or legal in all areas from which the Site is accessible.

In order to access certain portions of the Site and the Services, you must first establish an access account with CWB Group by providing your name, e-mail address, delivery address, postal code, home phone number, as well as certain other information. You may also be requested to provide additional information, such as credit card information and proof of your identity, for Services that you request. CWB Group’s collection and use of all such information is secure and subject to the terms of our Privacy Policy. Please review CWB Group’s Privacy Policy CWB Group’s use of personally identifiable information, as well as CWB Group’s use of cookies and other tracking methods, is governed by the terms of CWB Group’s Privacy Policy. By accepting these Terms of Use, you expressly consent, acknowledge that you have read, understand and agree with CWB Group’s Privacy Policy and you to CWB Group’s use of your personal information for the limited purposes outlined in the Privacy Policy.

Prices of items shown in the Site’s “e-Commerce site” are in Canadian dollars. Total amounts agreed to on the Site or are payable upon demand including all fees and applicable taxes. In the event that you believe an improper charge has been made to your credit card by CWB Group, you agree to cooperate with CWB Group in the resolution of such disputed charge.

CWB Group reserves the right to modify the prices for Services available on the Site. CWB Group reserves the right to refuse to provide you with any Service requested.

No Warranty

The Site and any information, products, or services offered or displayed on the Site including, without limitation, text, graphics, and links are provided on an “as is” and “as available” basis. CWB Group expressly disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, course of dealing or course of performance. CWB Group does not represent or warrant that the Site will be error free or operational or that the information accessible via this Site is accurate, complete or current.

The Site contains information from third parties who deposit information on the Site. CWB Group does not investigate, authenticate, verify, substantiate or represent in any way if the information is accurate, complete or without error.

Conduct and Use of E-Mail and the Site

You may not post, upload or transmit to the Site or to CWB Group’s servers any communication, text, graphics or other information (collectively, “Unauthorized Material”) that is: obscene, fraudulent, or indecent; defames, abuses, harasses or threatens others; contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; advocates or encourages any illegal activity; infringes upon the copyright, patent, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party; violates the privacy of individuals, including other users of the Site; or violates any applicable municipal, provincial, federal laws or regulations.

You may not use CWB Group’s name, URL, trademarks or other material in connection with “Spam” e-mail messages or use our Services or servers to transmit Spam E-mail messages.

Notices

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to CWB Group’s designated agent at webmaster@cwbgroup.org.

Subject to the CWB Group Privacy Policy which restricts the use of personal data, any material, information or ideas that you transmit or post on the CWB Group Site by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by CWB Group for any purpose it deems appropriate. These materials, information and ideas include reviews about services and products from CWB Group.

Trade-Marks and Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof may be trade-marks, including registered trade-marks, of CWB Group. Any reproduction, modification, distribution, or republication of this content, without prior written permission of CWB Group is strictly prohibited.

The Site Content is protected by Canadian and other international copyright and trade-mark laws. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of CWB Group, unless otherwise identified. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of CWB Group. You may display on your computer, download, use and make one printed copy of the Site Content for your own private, non-commercial use, so long as you do not modify any such Site Content; include the following copyright notice: “Copyright 2003, CWB Group All rights reserved”.; and any other copyright or trade-mark notices contained in the specific Site Content are retained. You acknowledge and agree that nothing in this Terms of Use confers any ownership rights in the Site Content from CWB Group. Should you wish to use Site Content for purposes other than your personal use, or to modify the Site Content, you must first contact CWB Group by sending an e-mail to webmaster@cwbgroup.org requesting our permission to use the Site Content, fully advising us of your intended use and obtain our written consent prior to such use.

“CWB Group” and the CWB Group logos are trade-marks of CWB Group (the “Trade-marks”). All Trade-marks, service marks, trade names, logos, page headers, custom graphics and button icons are proprietary to CWB Group and/or third parties that have granted CWB Group the right to use such. This Site may also contain other trade-marks of Third Party Providers (“Third Party Marks”). Nothing contained on the Site should be construed as granting, by implication or otherwise, any licence to use the Trade-marks or any Third Party Marks except as otherwise described in the limited licence grants herein without the written permission of CWB Group or the owners of the third Party Marks. You may not frame or utilize framing techniques to enclose any Site Content, any Trade-marks, any Third Party Marks or other proprietary information of CWB Group without CWB Group’s express prior written consent. You may not use any meta-tags or any other “hidden text” utilizing CWB Group’s name, the Trade-marks or the Third Party Marks without the express written consent of CWB Group.

In no event shall CWB Group be liable for any damages, including, without limitation, direct or indirect, special, punitive, incidental, compensatory, exemplary or consequential damages, losses or expenses, including, without limitation, lost or misdirected information, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data. This holds true even if CWB Group, its employees, or representatives has been previously advised of the possibilities of such damages, whether in action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use this site by any party, any failure or performance of the information, services, products, and materials available from this Site, error, omission, interruption, defect, delay in operation or transmission, or line or system failure or the introduction of a computer virus, or other technical sabotage. In any event, you agree that CWB Group’s aggregate liability for any damages whatsoever in connection with your use of this Site shall be limited to $100.

The limitations of liability and disclaimers in this Terms of Use apply regardless of the form of action and shall survive a fundamental breach of contract between you and CWB Group or any third party covered by these Terms of Use.

Third Party Websites and Hyperlinks

Some of the links on the Site may allow you to leave the Site. Any third-party sites to which the Site may link are not under CWB Group’s control, and CWB Group does not assume any responsibility or liability for any information, content, communications or materials available on such linked third-party sites or for any changes or updates to such sites. Absent express language to the contrary, CWB Group does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

Your correspondence or business dealings with, or participation in promotions of, third party businesses or advertisers found on the Site or through the Services, including the delivery and payment for services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party businesses. You agree that CWB Group shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of your dealings or as the result of the presence of such third party businesses or advertisers on the Site or made available to you through the Services.

Termination

Without limiting the generality of the foregoing, CWB Group may terminate your use of the Services or access to the Site immediately and without notice if: (a) you breach any of the provisions of these Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) CWB Group is unable to verify or authenticate any information you provide; or (d) any Unauthorized Material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.

Agency

CWB Group is not your agent, fiduciary or representative. Nothing in these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of CWB Group, you, and permitted third parties.

Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms of Use remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between you and CWB Group relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Technical Forum. Without limiting anything contained in these Terms of Use, CWB Group will have no liability related to the content of the Technical Forum under the laws of competition, antitrust, copyright, libel, privacy or any other laws or theory of law. CWB Group also disclaims all liability with respect to the misuse, loss, modification or unavailability of any materials that are posted to the site by users.