ACCEPTANCE OF TERMS
Welcome to Export Navigator’s website and social utility (collectively, “exportnavigator.ca” or the “Website”). The Website is operated by Canada/British Columbia Business Services Society. (“Small Business BC” or “We,”). By accessing or using the Website, you (“You” or “Your”) signify that You have read, understand and agree to be bound by these Terms & Conditions (these “Terms & Conditions”). You are only authorized to use the Website if You agree to abide by all applicable laws and to these Terms and Conditions.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms & Conditions at any time without further notice. If We do this, we will post the changes to these Terms & Conditions on the Website. Your continued use of the Website after any such changes constitutes Your acceptance of the revised Terms & Conditions.
If You do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your access to the Website (or any part thereof) in Our sole discretion and without prior notice or liability.
We may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, Further, You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by Small Business BC in providing the Website, including without limitation any change in content, is to cease using the Website. Although Small Business BC does not constantly monitor the Website, it nevertheless expressly reserves the right to do so.
AVAILABILITY AND USE
We cannot guarantee the availability of the Website in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your jurisdiction.
You are not permitted to use the Website:
A. in any unlawful or fraudulent manner, or any other manner prohibited by these Terms and Conditions;
B. to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
C. to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
D. to use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
E. to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
F. to attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
G. to harass or interfere with any other user’s use and enjoyment of the Website;
H. to use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
I. to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website; or
J. to license, sell, rent or lease any part of the Website.
The Website contains our copyrighted material, trademarks, and other proprietary information. We own and retain all proprietary rights in the Website, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Subject to the limited licenses granted in these Terms and Conditions, no license is granted to you or any other party for the use of our intellectual property.
Any third-party trademarks, service marks or other intellectual property displayed on through the Website are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Website, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.
We may provide links through the Website to the websites or services of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the sites linked through the Website and we accept no responsibility for the contents of third-party websites. The inclusion of any link does not imply our endorsement of the site or service. Use of any such linked website or service is at your own risk. Any links to third-party websites or services are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third-party websites or services or for any acts, omissions, errors or defaults of any third party in connection with their website or service.
DISCLAIMER OF USE
If you use the Website, you do so at your own and sole risk. The Website is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title, and non-infringement.
If you access or transmit any content through the use of the Website, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Website, whether caused by users or by any of the programming associated with or utilized in the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
Information provided through the Website is believed to be accurate, but we cannot guarantee it is complete, accurate, or current at all times. The information provided through the Website, including the information continued in any websites linked through the Website, is provided “as is” without any warranty of any kind, either express or implied, including but not limited to the implied warranties of fitness for any particular purpose. We disclaim any duty to or liability for any failure to update information on the Website.
Further, we do not warrant that:
A. the Website will meet your requirements;
B. access to the Website will be uninterrupted, timely, secure, or error-free;
C. the quality or reliability of the Website will meet your expectations;
D. any information you provide or we collect will not be disclosed to third parties; or
E. third parties will not use your confidential information in an unauthorized manner
LIMITATION OF LIABILITY
You agree that neither We, nor our affiliates, officers, directors, employees, agents, and licensors, will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Website, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:
A. the use or inability to use the Website;
B. actions or inactions of other users of the Website or any other third parties for any reason; or
C. any other matter arising from, relating to or connected with the Website or these Terms and Conditions.
In any event, our aggregate liability for damages pursuant to any breach of these Terms will not exceed the annual subscription fee you paid in respect of the period in which any claim arises.
We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and Conditions and/or any of the representations and warranties set forth above.
In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
No failure or delay by either party in exercising any right under this agreement shall constitute a waiver of that right.
If you have any questions or concerns about these Terms, you may contact us at [email protected].