Terms Of Use

Terms Of Use

Welcome to the Web site of BOMA Canada. This Web site is best viewed using a contemporary browser.

Use of this Web site, and information distributed in conjunction with this Web site, including without limitation the BOMA Canada E-Mail Update Service, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this Web site. Your use of this Web site or of any content presented in any and all areas of the Web site indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this Web site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our currency information, services, or Web site. We suggest you print a copy of each of these documents for your records.

BOMA Canada shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this Web site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Web site following changes to these Terms of Use shall constitute your acceptance of all such changes.

 

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this Web site. Furthermore, you agree that you shall not:

A. upload, post or otherwise transmit through or to this Web site any content that:
is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
B. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Web site, its computer systems, servers or networks;
C. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
D. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
E. collect information about other visitors to our Web site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
F. sell access to or the use of this Web site, including any content contained on, downloaded or accessed from this Web site, except as specifically permitted in writing by BOMA Canada;
G. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
H. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data; and
I. embed or import any data provided by us into any information services (whether or not web-based), data files or application software, except as specifically permitted in writing by BOMA Canada.
By uploading, posting or otherwise transmitting through or to our Web site any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Web site or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Web sites, Content and Products and Services

Links or pointers to other Web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such Web sites; (ii) the content, privacy policies or other terms of use on such Web sites; or (iii) such third party products and services. As we have no control or responsibility over Web sites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

BOMA Canada, BOMA, BOMA International, in name and logo formats, are identifying marks of the BOMA organization and shall remain the trade-marks and trade names and exclusive property of BOMA. Any unauthorized use of these marks is unlawful. Other trade-marks on this Web site are the property of their respective owners. All content on this Web site, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of BOMA Canada and is protected by international copyright law. The content on this Web site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Sale, our Privacy Policy and other notices posted on this Web site have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Ottawa, Ontario, Canada.