TERMS OF SERVICE

CONSTRUCTION FOUNDATION OF BC (2012) SOCIETY
(“We”, “Us”, “Our”, and the “Foundation”)

FAQs
relating to our Terms of Service

We’re delighted you want to use our online software application called FutureBuilder and genuinely believe it is going to be a valuable tool to help increase opportunities for your employment.

We need you, or if you’re under 19, your parent or guardian, to explicitly agree to our Terms of Service in accessing our web site and using our online software application. Even if your parent or guardian is agreeing to be legally bound with the Foundation, we want you to understand some of the legal obligations involved in using our services.

In that respect, we’ve tried to use plain English below to explain some of our key expectations in using our services.

You may use Our services only in compliance with the Terms of Service, which is a formal legal document. If there is any conflict between what we explain below and the Terms of Service, what is stated in the Terms of Service governs. If you are ever unsure about what something means or what you can or cannot do, please get in touch with us at info@constructionfoundationbc.ca.

First and foremost, let’s talk about the information you will be providing to Us and your privacy.

Your Stuff

By using our services, you provide us with personal information regarding your background including education, skills, interests, volunteer and paid employment matters (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it.

And We will not disclose your stuff to anyone. Only you control that access, which We assume will be to persons interested in employing you.

The Terms of Service do not grant us any rights to your stuff except for the limited rights that are needed to run the services. For example, We need your permission to do things you ask us to do with your stuff, like hosting the information you provide to Us, or sharing that information at your direction.

This includes features visible to you, for example, image thumbnails or document previews. It also includes design choices We make to technically administer our services, like backing up data to keep it safe. You give us the permissions we need to do those things solely to provide the services. This permission also extends to trusted third parties we work with to provide our services (for example, other companies from whom we license online storage space on their computer servers or who power our web site and the software on it).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how Our services change, We won’t share your content with others, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your information, your communications with others, and permissions to others to access the information you upload while using the services available on Our web site.

It’s your responsibility to ensure that you have the rights or permission needed to comply with the Terms of Service.

We are not responsible for the accuracy, completeness, appropriateness, or legality of files, posts, or any other information you provide using Our services.

Your Responsibilities

You will be fully responsible and liable for what you copy, upload, or otherwise provide to us in the course of using the Services. Please be sure you have the rights to use any material you might obtain from others which you want to include in the information you provide to us (such as photographs).

You must not upload spyware or any other malicious software to Our services.

You are responsible for maintaining and protecting all of your stuff, so be sure you have copies or back-ups. We will not be liable for any loss of your stuff.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Account Security

You are responsible for safeguarding the password that you use to access the services and you agree not to disclose your password to any third party.

You are responsible for any activity using your account, whether or not you authorized that activity.

You should immediately notify us of any unauthorized use of your account.

Acceptable Use Policy

Our expectation is that you use our services responsibly. For example, you must not, and must not attempt to, use our services to do any of the following things:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • send a virus, overload, flood, spam, or mail-bomb any part of the services;
  • plant malware or otherwise use the services to distribute malware;
  • impersonate any person or entity;
  • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • violate the law in any way, or to violate the privacy of others, or to defame others.

Termination

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, We may suspend or terminate your use if you are not complying with our Terms of Service.

Again, if you have any questions, don’t hesitate to get in touch with us.
E: info@constructionreadybc.ca | T:250 220 5861

 

CONSTRUCTION FOUNDATION OF BC (2012) SOCIETY
(“We”, “Us”, “Our”, and the “Foundation”)

TERMS OF SERVICE

Introduction
Welcome to www.futurebuilder.ca (the “Web Site”).

By accessing our Web Site, you unconditionally acknowledge and agree to all of our terms and conditions of service below (“Terms of Service”) and our Privacy Policy,

Your access or use of the Web Site or our software application called the Construction-Ready App™ (the “Software”) available on our Web Site and the services arising from the use of our Web Site and Software (together, with the Web Site and Software, the “Services”) indicates Your agreement to be bound by all of these Terms of Service. If at any time, You do not agree with these Terms of Service or our Privacy Policy, you must not use the Web Site or the Software.

These Terms of Service are between the Construction Foundation of BC (2012) Society, a non-profit corporation formed under the laws of British Columbia, Canada, with offices at Suite 101-645 Tyee Road, Victoria, B.C., Canada V9A 6X5 and each Person (“You”) using the Services.

While this Web Site may be browsed by anyone, its Services may only be used by individuals who can form legally binding contracts under applicable law.

If You are using the Services on behalf of a legal entity, You are agreeing to these Terms of Service for that Person and promising that You have the authority to bind that Person to these Terms of Service. In that case, “You” and “Your” will refer to that Person.

THESE TERMS OF SERVICE ARE INTENDED TO CONSTITUTE A BINDING AGREEMENT (SOMETIMES REFERRED TO AS THE “AGREEMENT” IN THESE TERMS OF SERVICE) BETWEEN YOU AND THE FOUNDATION.

The agreement constituted by Your acceptance of these Terms of Service is effective as of the date You complete the (i) electronic registration for and use of the Services, and (ii) acceptance process and click the “I Accept” button below.

If you are not 19 years old, you are not yet at the age of majority and cannot “accept” to be bound by these Terms of Service. If so, please have a parent or a legal guardian do so on your behalf.

If you are accepting these Terms of Service in your capacity as legal guardian of a minor, or on behalf of Your employer or another Person, you represent and warrant that: (i) you are at least of the age of majority in British Columbia; (ii) you have full legal authority to bind your employer, or the applicable Person, to these Terms of Service; (iii) you have read and understand this Agreement; and (iv) you agree, on behalf of the Person that you represent, to this Agreement.

If you (a) are less than 19 years of age and do not have a parent or guardian accept these Terms of Service on your behalf, or (b) do not have the legal authority to bind your employer or the applicable Person you represent, please do not click the “I Accept” button below and you are not permitted to use the Service.

This Agreement, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW, governs Your access to and use of the Service.
The Services may continue to change over time as We refine and add more features. We may stop, suspend, or modify the Services or these Terms of Service at any time without prior notice to You. You agree to be bound by all such modifications or changes. We may also remove any Content from our Services at Our discretion.

If You do not agree with any version of this Agreement in effect at the time, You will have the right to end this Agreement and stop using the Service.

By accessing and using this Web Site, You represent and warrant that (i) You have read and understand these Terms of Services; (ii) You are of legal age in the jurisdiction where You are normally resident; and (iii) You agree to be bound by all of these Terms of Service.

1. Definitions. In these Terms of Service, the capitalized terms noted below will have the following meanings:

Content” means any data, packets, information, communication, or other material that is submitted, transmitted, copied, uploaded, transferred, delivered, recorded, or otherwise made available by You to the Services whether or not using Log-In Information, including without limitation any and all documents, articles, transcripts, designs, icons, illustrations, images, logos, photographs, text, trademarks, Personal Information, and any other written or electronic expressions or works;

Log-In Information” has the meaning ascribed to it set forth below in Section 5;

Personal Information” refers to any information received, collected, or maintained by the Foundation that identifies, or could be used to identify, an individual, as further described in Our Privacy Policy;

Person” means any individual, partnership, corporation, trust, or legal entity;

2. Interpretation. Except as otherwise expressly provided in these Terms of Service or as the context otherwise requires,

(a) the words “include” or “including” when following any general term or statement are not to be interpreted as limiting the general term or statement to the specific items or matters set forth or to similar terms or matters but rather as permitting it to refer to all other items or matters that could reasonably fall within its broadest possible scope;

(b) the words “herein”, “hereof”, “hereby” and “hereunder” and other words of similar import refer to these Terms of Service as a whole and not to any particular Section, Subsection, Paragraph, Subparagraph or other subdivision;

(c) a capitalized cognate of a defined term has a meaning corresponding to that of the defined term;

(d) a reference to a statute includes every regulation made pursuant thereto, all amendments to the statute or to any such regulation in force from time to time and any statute or regulation that supplements, supersedes or replaces such statute or regulation;
(e) the singular of any term includes the plural and vice versa and the use of any term is equally applicable to any gender and where applicable to a corporate entity; and

(f) the conjunction “or” shall be understood in its inclusive sense (and/or).

3. Grant of License. Subject to Your continued compliance with these Terms of Service, the Foundation hereby grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable license, to access electronically via the Internet in the manner authorized by Us to use the Services produced by the execution of the Software (the “License”).

4. License of Your Content. You retain any rights to Content you post, transmit or distribute using the Services. By using the Services, you hereby grant to the Foundation, a non-exclusive, worldwide, royalty-free, fully-paid, transferable license (with the right to sublicense) to use, host, cache, record, copy, display, edit, modify, transmit, process, publish, upload, transfer, store, control, download, record and distribute all Content generated or submitted by You in connection with Your use of the Services in and by any and all computing hardware, networks, media, or methods of distribution, whether now known or developed later. Upon the expiration or other termination of this Agreement, this license from You will immediately and automatically cease except to the extent that Content is stored or otherwise retained by the Foundation pursuant to Our data storage policies.

5. Using the Services and Content. You hereby represent, warrant, promise and agree as follows:

(a) Use of Services.

(i) You will be solely responsible for all Content sent by You using the Services. You will at all times use the Services only as expressly permitted by these Terms of Service. You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder including having (A) a valid license to use the software applications, third party or otherwise, that generate Content, and (B) the unrestricted right to submit and use the Content. Unless You have all requisite rights to submit and use Personal Information and other information (whether belonging to You, or any third party), You are not permitted to submit such Content or information using the Service;

(ii) You are responsible for providing a user name and password (the “Log-In Information”). You must have a valid username and password for the purpose of accessing the Services. You must keep all Log-In Information strictly confidential. Log-In Information may be used only by You and may not be shared or transferred. You are entirely responsible for maintaining the confidentiality of Your username and password. You will be entirely responsible for any and all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security after becoming aware of the same. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge;

(iii) We have no obligation or responsibility with regard to Your use, distribution, disclosure, or management of Log-In Information. You agree that We may act in reliance, without investigation, upon any Log-In Information provided by You. We will not be required to inquire into the truth or evaluate the merits of any of your Log-In Information or any statement or representation contained in any data presented by You in the use of the Services. Any Person using Your Log-In Information is conclusively deemed to have actual authority to engage in use of the Services and, accordingly, all transactions made by any Person using Your Log-In Information are hereby authorized and approved by You, and You hereby agree to indemnify, defend, and hold Us harmless from any Claims or Costs arising from or relating to any such transactions;

(iv) the Foundation does not guarantee the security of any information transmitted to or from You over the Internet, including through the use of e-mail. Access to the Internet, if employed, is Your sole responsibility and the responsibility of the Internet provider(s) You select. We do not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment;

(v) We reserve the right at any time, to request that You suspend Your access to the Services or disable Your Log-in Information. You agree when so requested by Us to suspend Your use of the Services. Grounds for so doing include and are not limited to, for example, legal or regulatory reasons, investigation of suspicious activities, or action by government authorities, or if We have reason to suspect that any activity may violate these Terms of Service, applicable laws, or are otherwise deemed harmful to Us, Our network or facilities, or other users of the Services. The Foundation will not be liable to You for suspension of the Services, regardless of the grounds.

(b) Content.

(i) You are and will be the owner, authorized licensee, or authorized user(s) of all Content generated or submitted in using the Services;

(ii) You will not publish, post, upload, record, publicly display, link to, or otherwise distribute or transmit any Content that:

(A) infringes, or may reasonably be expected to infringe, any copyright, patent, trademark, service mark, trade name, trade secret, domain name or other intellectual property or proprietary right of any Person, or any rights of publicity or privacy of any Person;

(B) violates any applicable law, statute, ordinance, or regulation;

(C) promotes, solicits, comprises or contains inappropriate, objectionable or unlawful material, including material which is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;

(D) is harmful to minors;

(E) contains cancelbots, corrupted files, time bombs, Trojan horses, viruses, worms or any other similar data, programs or software that may damage, expropriate, intercept or interfere with any data, information, property or system of another Person or that may damage or interfere with the normal functioning of the Service;

(F) advocates, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity;

(G) contains information for which You do not have the right to permit Us to collect, store, or process;

(c) Legal Compliance.

(i) You are authorized, and have all of the rights, to grant all licenses and other rights granted by You to Us pursuant to this Agreement.

(ii) You agree not to use the Services for any illegal purpose;

(iii) You agree to comply with all applicable local, provincial, national, and federal laws and regulations, including without limitation laws relating to intercepting, monitoring, or recording communications, privacy, or data protection, and public displays or performances. You further agree that neither this Agreement nor any other right or remedy of the Foundation requires Us to exercise any right or remedy in order to benefit or protect anyone, although We reserve the right to do so in Our sole discretion; You are responsible for obtaining any permission or consent, and for establishing and enforcing necessary controls and restrictions, relating to the collection, storage, and use of confidential or personally identifiable information that You may be obligated to protect under applicable privacy or data protection laws, or similar requirements or policies.

6. Prohibited Use. You agree, as a condition of use of the Services, not to use the Services for any purpose that is prohibited by this Agreement, or in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Foundation server, or interfere with any other Person's use and enjoyment of the Services. You will not attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to any server from which the Services operate, through hacking, password mining, or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Except as expressly set forth herein, You will not (a) disassemble, decompile, or reverse engineer the Software, or use a robot, spider, or any similar device to copy or catalog the content available through the Services or any portion thereof; (b) engage in any systematic extraction of data or data fields, including without limitation e-mail addresses; or (c) take any actions, whether intentional or unintentional, that may circumvent, disable, damage, or impair the control or security systems used by the Services, or allow or assist a third party to do so.

7. Disclaimers Regarding Content. You are responsible for Your use of the Services and for any Content You make available using the Services. Content You submit, post, transmit, or display will be able to be viewed by other users of the Services to whom You grant permission to access the same. You should only provide Content that You are comfortable sharing with others under these Terms of Service, and only provide access to Persons You are certain You want to view Your Content.

You are solely responsible for all Content You generate or submit. Any use or reliance by You of any Content made available by others through using the Services is entirely at Your own risk.

The Foundation does not verify, support, or endorse any Content. We have no responsibility or liability for the accuracy of Content, the failure to transmit, store, or receive transmission of Content, or the security, privacy, storage or transmission of other communications originating from or otherwise involving use of the Services under any circumstances. We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications transmitted or distributed via the Services.

8. Using our Services. Use of our Services by You, is subject to all applicable local, provincial, and federal laws and regulations. We reserve the right, but not the obligation, to remove or refuse to transmit or distribute any of your Content and to terminate Your License. Upon learning of any breach of this Agreement, the Foundation may, at its sole discretion, terminate Your access to and use of the Services, require You to remedy such breach (if capable of being remedied), or take any other actions that We deem appropriate to enforce Our rights and pursue all available remedies. Without limitation, the Foundation reserves the right to terminate Your License and use of the Services if, in our view, Your conduct fails to comply with the terms set forth above in Sections 5 or 6.

All decisions concerning the applicability of or compliance with the terms set forth above in Sections 5 or 6 will be at the exclusive and absolute discretion of the Foundation.

9. Privacy. The Foundation does not disclose personally identifiable information. See our Privacy Policy, for more details.

10. Ownership of Site, Software and Services. Access to and use of the Services are licensed, not sold, to You pursuant to, and solely for Your use under, these Terms of Service and the License granted herein. the Foundation or its licensors retain all right, title, and interest relating to or embodied in the Web Site and the Software, including without limitation all intellectual property rights relating to or embodied in the Web Site and Software.

11. Ownership of Marks. All graphics, logos, service names, domain names, trademarks and trade names relating to the Services (collectively, the “Marks”) are the property of the Foundation. The Foundation retains all right, title and interest, including all intellectual property rights, in and to the Marks. You are prohibited from using any of the Marks.

12. Using the Services is at Your Own Risk. YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE FOUNDATION DISCLAIMS ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR DUTIES (IF ANY) EXPRESS, IMPLIED OR STATUTORY, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OF ACCURACY, OF AVAILABILITY OR COMPATIBILITY, OF WORKMANLIKE EFFORT, NON-NEGLIGENT PERFORMANCE, ANY WARRANTIES, CONDITIONS, OR OBLIGATIONS THAT MIGHT OTHERWISE BE CONSIDERED TO ARISE FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND ANY WARRANTY, CONDITION, OR COMMITMENT OF BEST EXECUTION. THE LICENSE PROVIDED TO YOU UNDER THESE TERMS OF SERVICE IS FOR SERVICES AND NOTHING IN THIS AGREEMENT WILL BE INTERPRETED IN ANY MANNER AS A SALE OF A PRODUCT OR GOOD. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. THE FOUNDATION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT THE FOUNDATION HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY US. WE MAKE NO WARRANTY THAT THE USE OF THE SERVICES MEETS YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FOUNDATION OR THROUGH USE OF THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THESE TERMS OF SERVICE, IN NO EVENT WILL THE FOUNDATION’S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE USE OF THE SERVICES, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY), STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE EXCEED THE SUM OF $5.00. IN NO EVENT WILL THE FOUNDATION BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF ASKLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of liability, so the limitations above may not apply to You.

14. Your Indemnification to Us. You agree to indemnify, defend, and hold harmless the Foundation, and its officers, employees, agents, representatives, successors, and assigns, (collectively, the “Foundation Indemnified Parties”), from and against any and all Claims or Costs, whether direct, incidental, indirect, consequential, or special in nature, including reasonable legal fees, expert witnesses, liabilities, obligations, damages, costs, and other expenses (collectively, “Costs”) incurred in the investigation and defense of any claim (as hereinafter defined) based on any claim, demand, proceeding, suit, or action (collectively, “Claims” and each a “Claim”) to which any Foundation Indemnified Party may become subject resulting from or arising out of or in connection with the use by You of the Service.

Without limiting the foregoing, the indemnification provisions set forth above in this Section 14 include any and all Claims or Costs arising out of or related to: (a) use of or access to the Service by You or by any Person using Your Log-In Information (whether or not such use is authorized by You); (b) any actual or alleged violation by You or by any Person using your Log-In Information (whether or not such use is authorized by You) of these Terms of Service or applicable law; (c) any actual or alleged infringement or violation by You or by any Person using your Log-In Information (whether or not such use is authorized by You) of any copyright, trademark, patent, trade secret, confidential information, or other intellectual property, proprietary, privacy, or other right of any Person; or (d) Your negligence or wilful misconduct. The obligations in this Section 14 will survive any cessation, expiration, or termination of the Services by You.

15. Force Majeure. We will not be liable for any non-performance or delay in performance caused by any event reasonably beyond Our control including accidents, acts of God, the activities of hackers, civil commotion, earthquake, embargo, epidemics, explosion, fire, flood, extreme weather condition, force of nature, hostilities, act of terrorism, health pandemic, malicious conduct, national emergency, revolutions, riots or wars, service outages resulting from equipment or software or telecommunications failures, power failures, network failures or failures of third party service providers (including providers of internet services and telecommunications).

16. Severability. Each provision of these Terms of Service is declared to be a separate and distinct provision and to be separable from all other such separate and distinct provisions. If any provision or part thereof is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable, or unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any other provision in these Terms of Service or any part thereof and the said court or other constituted legal authority will have the authority to limit such provision as it deems proper to most closely match the intent of the original provision and the remainder of these Terms of Service will continue in full force and effect.

17. Waiver. The failure of the Foundation to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

18. Privity. Nothing in this Agreement shall render or be interpreted to constitute either the Foundation or You as the employer, employee, partner, or agent acting for or on behalf of the other party. This Agreement is intended for the sole benefit of You and the Foundation. No other Person will be entitled to Claim the benefit of this Agreement, enforce the terms of this Agreement, or make any Claim for Costs as a result of the performance or non-performance of this Agreement.

19. Entire Agreement. These Terms of Service and our Privacy Policy are the entire agreement between the Foundation and You regarding the use of the Services, and these Terms of Service supersede and replace any prior agreements between the Foundation and You regarding the same.

20. Legal Equivalency. This electronic document and any other electronic documents, policies, or guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing: (b) legally enforceable as a signed writing as against You and the Foundation subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or other proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

21. Headings. The headings to, and the division of these Terms of Service into Sections, Subsections, Paragraphs, and Subparagraphs are for ease of reference only and will not in any way affect or be used in interpreting any of the provisions of these Terms of Service. Unless the context otherwise requires, a reference to a Section, Subsection, Paragraph, Subparagraph or Schedule by number or letter is a reference to the appropriate Section, Subsection, Paragraph, Subparagraph or Schedule in these Terms of Service.

22. Governing Law. These Terms of Service will be governed by and interpreted in accordance with the laws (procedural and substantive) of the Province of British Columbia and Canada as if made and performed by and between parties situate in such province and without regard to any conflict of laws doctrine.

23. Notice. Communications required under this Agreement between Us will be as follows:

(a) Notice to You. Notice shall be sent to You via electronic means to the email address noted when You registered and will be deemed delivered when transmitted by Us.

(b) Notice to the Foundation. Notice will be sent to the Foundation either (i) to this email address, info@constructionfoundationbc.ca; (ii) via regular mail, registered, signature required and return receipt requested, or (iii) via overnight courier with delivery signature required, addressed to the principal place of business indicated on our Web Site, to the attention of Construction Foundation of BC. Any notice sent by You will be deemed delivered when actually received and, if applicable, signed for by an authorized representative of the Foundation.

24. Survival. Paragraph 9(c) and Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 22, 24, 25, 26, and 27 will survive any cancellation, termination, expiration, or suspension of this Agreement or the cessation of Your use of the Services.

25. Mediation and Arbitration. Any and all disputes, controversy or claims arising out of or in connection with or in relation to these Terms of Service or the breach thereof, including any question regarding the existence, validity, performance or termination and any tort or other common law or statutory claim arising out of or relating to the performance of, these Terms of Service, the Foundation’s Privacy Policy, or the Services (collectively, the “Dispute”), will be first subject to non-binding mediation in an effort to resolve any such Dispute by participating in a structured negotiation conference with a mediator under the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre. The mediation will be held in Victoria, British Columbia, Canada. You and the Foundation agree to use best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible. All aspects of the mediation will be treated as confidential. The costs of the Mediator will be shared equally between You and the Foundation. The mediation may, at the option of either You or the Foundation, occur by videoconference transmission. The party electing to participate in the mediation by videoconference will be responsible for paying the costs of one Mediator who must attend and participate in the mediation at the videoconference facility selected by the party engaging such person.

26. Arbitration. If the Foundation and You are unable to resolve the Dispute by the mediation procedures contemplated under Section 25 within 15 days of the appointment of a Mediator, or such longer period of time which the Foundation and You may both agree to, all Disputes will be referred to and finally resolved by arbitration under the Domestic Commercial Arbitration Rules of the British Columbia International Commercial Arbitration Centre with the losing party paying all costs of arbitration (including reasonable legal fees and expenses). The place of arbitration will be Vancouver, British Columbia. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre and the determination of such arbitrator will be final and binding upon You and the Foundation. Judgment on the award of an arbitrator may be entered into any court having jurisdiction over the person or property of the person against whom enforcement of the judgment is sought and You and the Foundation agree to and hereby waive any defences against the enforceability and execution of any such judgment awarded by the arbitrator as hereby contemplated. You hereby waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which You are ordinarily resident to have a case or hearing relating to these Terms of Service adjudicated or resolved in that jurisdiction.

27. Appointment of Mediator and Arbitrator. Any mediator or arbitrator will be appointed, pursuant to Sections 25 and 26, by agreement between You and the Foundation or, in default of agreement, such mediator or arbitrator will be appointed by a Judge of the Supreme Court of British Columbia sitting in the Courts of Victoria, upon the application of either You or the Foundation.

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