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1 ACCEPTANCE OF TERMS OF SERVICE
1.1. This is an agreement between Construciton Workbook Inc. (”Workbook”), owner and operator of the website www.workbookconstruction.com (the ”Site”), and you, a user of the Site.
1.3. The Site and the Services are available only to users who may legally enter into enforceable contracts under applicable law. By using the Site or the Services, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract.
2. CHANGES TO TERMS OF SERVICE
2.1. Right to Change Terms. Workbook reserves the right, in its sole discretion, to change these Terms of Service from time to time.
2.2. Notice of Updated Terms of Service. Unless Workbook mades a change for juridical or administrative reasons, Workbook will provide reasonable advanced notice before the updated Terms of Service become effective. You agree that Workbook may notify you the updated Terms of Service by posting them on the Site.
2.3. Acceptance of Updated Terms of Service. Your use of the Site after the effective date of updated Terms of Service constitutes your agreement to these updated Terms of Service.
2.4. Effective Date of Updated Terms of Service. The updated Terms of Service will be effective as of the time of posting of the Site or such later date as may be specified in the updated Terms of Service, and will apply to your use of the Site and of the Services from that point forward.
3. USE OF SITE
3.1. Features. The Site is a service intermediary that connects entrepreneurs and potential customers to facilitate the exchange of tenders in the construction, renovation and subcontracting sectors.
3.2. Access and Use. During the term of this agreement, Workbook grants you a limited, non-exclusive, non-transferable right to access and use the Site in accordance with the Terms of Service (”Authorized Purposes”).
3.3. User Conduct. You may not engage in any of the following pohibited activities:
3.3.1. using the Site for purposes other than the Authorized purposes;
3.3.2. copying, distribution, or disclosing any part of the Site in any medium, including by any automated or non-automated web scraping tool or technique;
3.3.3. using any automated system, including ”robots”, ”spiders”, and ”offline readers”, to access the Site;
3.3.4. transmitting, via the Site, spam, chain letters, or other unsolicited email;
3.3.5. attempting to interfere with the servers running the Site, compromise their system integrity or security, or decipher any transmissions to or from them;
3.3.6. taking any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Site infrastructure;
3.3.7. uploading invalid data, viruses, worms, or other malware through the Site;
3.3.8. collecting, extracting or harvesting any personally identifiable information, including account names, from the Site;
3.3.9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attenpting to hide your identity;
3.3.10. interfering with the proper working of the Site;
3.3.1. accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
3.3.12. bypassing the measures that Workbook may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
3.3.13. otherwise using the Site in contravention of any applicable law.
3.4. Investigations and Prosecutions. Workbook reserves the right to investigate any breach of these Terms of Service and to take appropriate remedies to the fullest extent permitted by law. You acknowledge that Workbook has no obligation to monitor your access or use of the Site, but has the right to do so, to ensure compliance with these Terms of Service, laws, injunction, government requirements or other applicable requirements.
4. ELECTRONIC COMMUNICATIONS
4.1. When you provide Workbook with your email address through the Site, you expressly agree that Workbook will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you to (i) validate certain information relating to your account, (ii) keep you informed of the status of your account on the Site, (iii) conduct surveys or verifications concerning the Site, in particular on its functionalities, its usability, and your appreciation of it, or (iv) for any other reason relating to the Site, Services or user safety.
5. YOUR ACCOUNT
5.1. Account Creation. Some features of the Site require the creation of a user account. If you choose to create an account to use the Site, you must complete the registration process by providing Workbook with current, complete, and accurate information as prompted by the applicable registration form, and make the necessary updates so that they are accurate at all times. You also will choose a unique and safe password and user name, In the event of a breach of this provision, Workbook may terminate your right to use the Site in its sole discretion.
5.2. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Workbook immediately of any unauthorized use of your account or any other breach of security.
5.3. Account Security. Workbook cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use for improper purposes any information which relates to you and allows you to be identified that you provide to us.
5.4. Liability for Account Misuse. Workbook will not be liable, directly or indirectly, for any loss or damage of any nature that you may incur as a result of someone else using your passwaord, user name or account. You could also be held liable for losses incurred by Workbook or another party due to someone else using your account, username or password.
5.5. Use of Other Accounts. You may not use anyone else’s account at any time, unless with the permission of the account holder as her or his duly-authorised mandatary.
5.6. Closing the Account. Workbook reserves the right to delete any inactive account for a period of at least one (1) year, as well as any date associated with such an account. However, no data will be deleted without prior notice to the account holder.
5.7. Interruption of the Account. You may close your account of the Site for any reason, at your sole discretion and without notice to Workbook.
6. SITE’S FEES
6.1. Fees. Some features of the Site are free, however Workbook reserves the right at any time to charge fees for access to or use of the Site or parts thereof. However, in no event will you be charged for such access or use unless Workbook obtains your prior agreement to pay such fees. Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
6.2. Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You shall pay all applicable taxes relating to use of the Site through your account.
7. INTELLECTUAL PROPERTY
7.1. Trademarks. All trademarks (including words, expressions and logos) used by Workbook for the purposes of distinguishing or so as to distinguish its own goods or services advertised or promoted on the Site from those of others are owned by Workbook. Workbook tradenames and logos are trademarks of Workbook, and may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Workbook.
7.2. Copyright. All original works reproduced or published on the Site are protected by copyright. The owner of the copyright in each of such works reserve all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
7.3. Other Rights. This Site or any part thereof may also be protected by industrial designs or patents. Workbook reserves all rights to the Site not expressly granted. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
7.4. Challenging. You agree not to dispute the validity and ownership of Workbook’s intellectual property rights in or in connection with the Site.
7.5. Feedback. Workbook is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Site or any other Workbook product or service (”Feedback’‘), without compensation or attribution to the user or to any person behind this Feedback.
7.6. Documentation. Workbook will, from time to time provide the user with documentation, online or in any material form, describing the features, operation and use of the Site (the ”Documentation”). The user understands and agrees that he may reproduce and use the Documentation only as necessary to support his use of the Site.
The Site is provided to you ”as is” and ”as available” without any guarantee. You acknowledge and agree that you assume all risks arising from your access to or use of the Site and Services. Workbook makes no representations or warranties with respect to the Site and the Services, including warranties as to (i) the merchantability, fitness for a particular purpose or non-infringement of third party intellectuel property rights,(ii) the operation of the Site without interruption or error and in a safe manner, (iii) the fact that the use of the Site and the Services will meet your needs and expectations, (iv) the accuracy, completeness, reliability or relevance of the Site and Services, (v) the correction of defects or errors in the Site, (vi) the absence of viruses or other harmful elements in the Site, and (vii) safe transmission or no interception of communications through the Site.
The Site may contain hyperlinks to external Internet sites that remove you from the Site (the ”External Sites’‘). You acknowledge and agree that Workbook is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any endorsement or endorsement by Workbook of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Site, youo expressly release Workbook from any liability arising from your use of any External Site.
10. LIMITATION OF LIABILITY
10.1. Limitation of Liability. To the extent permitted by law, Workbook, its affiliates, directors, employees, agents, licensors or successors and assigns (collectively, the ”Related Persons”) shall under no circumstances be liable for damages, whether be direct of indirect, special or incidental, including, but not lilmited to, monetary losses, arising directly or indirectly from the use or performance of the Site, the Services or tghe use of the tenders or the information they contain. Under no circumstances will Workbook and its Related Persons be held liable for any damages, direct or indirect, with respect to work performed according to the details of a tender transmitted through the Site.
10.2. No liability for Third Parties. To the extent permitted by law, Workbook and its Related Persons disclaim all liability for the acts, omissions or conduct of any third party user of the Platform and the Services and shall not be liable for any harm, loss, damage (including any special, indirect or incidental damages) or costs arising in any manner from the acts, omissions or conduct of a third party user of the Platform and the Services, including, without limitation, the lack of qualification or accreditation of an entrepreneur.
10.3. Content of Tenders. The user understands and agrees that Workbook and its Related Persons have no control over the content of the tenders and that these are generated from information provided by users without the intervention of Workbook. Workbook provides no warranty, implied or otherwise, with respect to the tenders including, but not limited to, that tenders will be submitted by contractors, that tenders will be accepted by customers or that the content of the tenders is accurate, complete, reliable and meets the expectations of the customer.
You agree to defend, indemnify and hold harmless Workbook and its Related Persons from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site, or your violation of the Terms of Service or the rights of third parties. Workbook may assume the exclusive defense and control of any matter for which you have agreed to indemnify Workbook and you agree to assist and cooperate with Workbook in the defense or settlement of any such matters.
12.1. Termination by Workbook. Workbook may terminate or suspend your access to or ability to use the Site and of the Services immediatelly, without prior notice or liability, for any reason or no reason, including breach of those Terms of Service.
12.2. Effect of Termination. Upon termination of your access to or ability to use the Site and the Services, your right to use or access the Site will immediately cease.
12.3. Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including provisions on intellectual property (Section 7), warranty disclaimers (Section 8), and lilmitations of liability (Section 10), indemnification (Section 11). Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Workbook or any third party.
13.1. Claim Procedure. For any dispute that you have with Workbook arising out of or in connection with or relating to this agreement, you agree to first contact Workbook and attempt to resolve the dispute informally. If Workbook has not been able to resolve the dispute with you informally, each party agree to resolve any such dispute first by mediation in accordance with the provisions of section 605 and following of the Quebec Code of Civil Procedure, unless such mediation (i) has not commenced at the initiative of a party within ten (10) days of the expiry of the time limit indicated in a default notice from one party to the other or (ii) did not result in an amicable settlement within twenty (20) days of commencement of the mediation, and than, if mediation did not result in an amicable settlement, by binding arbitration, in the city of Quebec (Canada) unless you and Workbook agree otherwise, in accordance with the provisions of section 620 and following of the Quebec Code of Civil Procedure, unless in circumstances for which the applicable law prohibits referral to arbitration or restrictions on a consumer’s right to go before a court.
13.2. Class Actions. Unless in circumstances for which the applicable law prohibits restrictions on a party’s right to bring a class action, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims.
13.3. Injunctive Relief. Nothing in this section prevents either party from seeking provisional measures or safeguard orders, such as injunctive or other equitable relief, from the competent judicial court, before or during arbitration proceedings.
14.1. Entire Agreement. These Terms of Service replace any prior agreement between you and Workbook and supersede any other prior agreement that may have occured between you and Workbook with respect to this agreement.
14.2. Waiver. The negligence or delay by Workbook to exercise a right, recourse, power or privilege in accordance with the Terms of Service does not constitute a waiver of such rights, recourses, powers or privileges. To be valid, a waiver must be made in writing and must be signed by Workbook. A written waiver to a default cannot be interpreted as constituting a waiver to any other defualt or default of the same nature wiich may occur in the future.
14.3. Invalidity or Unenforceability. In the event that one or many provisions of the Terms of Service is declared invalid or unenforceable or inapplicable by a cour t of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicabilitly of the other provisions of these Terms of Service; these Terms of Service will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms of Service.
14.4. Securities. The titles used in these Terms of Service have no interpretative value. Their only function is to facilitate the consultation of the Terms of Service.
14.5. Applicable Laws. These Terms of Service and the use of the Site and Services are governed by the laws of the Province of Quebec and the laws of Canada. When you use the Site or the Services, you acknowledge that any dispute arising, directly or indirectly, from the Site or Services, your use of the Site or the Services, or relating to these Terms of Service, will be subject to the exclusive jurisdiction of the courts of the juridial district of Quebec.
15. CONTACT US
Workbook appreciates your comments, questions and feedback, which may be sent to: email@example.com