BERKSHIRE AXIS DEVELOPMENT CORP.
“Business Contact Information” means your business position, name or title, business address, business telephone number, business email address and business fax number.
“Personal Information” means information about an identifiable individual, but does not include Business Contact Information or general, statistical or aggregated information that is not associated with or linked to any individual’s Personal Information or will not easily permit the identification of individuals.
We collect your Personal Information when you provide it to us or use our Website or Services. We may also collect Personal Information about you from certain third parties. In most instances, you will decide what Personal Information you provide us. In certain instances, if you choose to not provide us with Personal Information, you may not be able to use our Services. The types of Personal Information that we may collect include, but is not limited to:
We will identify the purpose for collecting your Personal Information when we request such information. We collect Personal Information only as necessary to provide services to you and will not use or disclose your Personal Information other than for the purpose for which it was collected, without your prior consent. Without limitation, Berkshire Axis may collect your Personal Information for the following purposes and in accordance with applicable law:
(a) Providing Services and Sharing Information: Your Personal Information may be collected and used by Berkshire Axis to provide services to you via our Website or otherwise. Your Personal Information may be used by Berkshire Axis so that we can share information about Berkshire Axis, the Website, and our Services with you. We may use your Personal Information to communicate with you regarding your inquiries for information, service requests, employment opportunities or other issues as they relate to your use of the Website and the Services, and based on your Personal Information, we may send you personalised promotions or offers, subject to applicable law.
(b) Project Information: For certain projects being promoted via the Website, we may permit you to indicate your interest in such projects and to obtain further information about the project by completing a form and making a submission via the Website. In that case, we will use the information requested on the sign-up form only for the purpose of facilitating communication with you about the project in which you are interested, and future Berkshire Axis projects. We may also use the information to allow us to tailor our future projects to meet your interests.
(c) Service/Warranty Requests: If you choose to contact Berkshire Axis through the Website with service or warranty related requests, your Personal Information will be used to respond to and address your service and warranty requests, including providing your Personal Information to our agents or contractors to complete any applicable warranty or service related work.
We may collect your Personal Information when you voluntarily provide it to us by using our Website and Services or from third party sources. For example, we may ask you to provide Personal Information if you:
Depending on the sensitivity of the Personal Information, you may consent to our collection, use and disclosure of Personal Information may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction.
Berkshire Axis may also use and disclose your Personal Information to service providers, data processors and other third parties (collectively, “Third Parties”) under the following limited circumstances:
We retain your Personal Information only for as long as we need it to fulfill the purposes for which it was collected and to comply with our legal obligations. We routinely destroy Personal Information that is no longer required for the purposes described herein, in accordance with applicable laws.
Berkshire Axis takes reasonable steps to ensure that any Personal Information in our custody is accurate and up-to-date for the purposes for which the Personal Information is to be used by Berkshire Axis, however, we rely on users of the services to notify us of any changes to their Personal Information provided by them.
Berkshire Axis uses technical, physical and organizational security safeguards and measures designed to help secure your Personal Information against accidental or unlawful loss, theft, access or disclosure. We also take reasonable steps to ensure that our employees are aware of the importance of maintaining the confidentiality of Personal Information and that unauthorized persons do not gain access to Personal Information that we have disposed of or destroyed.
Any Personal Information that you provide to us is exchanged on a secured server. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us.
Berkshire Axis is not responsible for any failure by you to secure your own device and its access to the Internet or your use of public, unsecured networks. Berkshire Axis also is not responsible for any failure by you to eliminate malware. These failures and others can make you vulnerable to privacy breaches and would put you and your data at risk.
As discussed, we may engage Third Parties to perform certain services on our behalf and to otherwise provide the Services. These Third Parties may store, process and transfer Personal Information on servers located outside of Canada in jurisdictions whose data protection laws may differ from those of Canada, such as the United States of America. As a result, Personal Information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to the laws in those jurisdictions. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require our Third Parties to maintain protections on Personal Information that are equivalent to those that apply in Canada.
We also use the cookies to carry out frequency assessments, page usage assessments and marketing assessments. For these assessments, we use this cookie information without a link to your personal information, so it is completely anonymous.
Upon written request to firstname.lastname@example.org, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to that Personal Information within the time periods provided for under applicable laws. We will need to verify your identity before providing you with the Personal Information we hold about you. There is no cost for such access request unless you require copies of records. We may not be able to provide you with access to your Personal Information if the information cannot be separated from the Personal Information of others, cannot be disclosed for reasons of security or commercial confidentiality, or is protected by legal privilege. If we cannot provide you with access to your Personal Information, we will advise you of the reasons access is being denied, unless we are prohibited by law from doing so.
You may request to update and change your Personal Information at the contact information set forth below. We will endeavor to correct or complete any Personal Information which you advise us is inaccurate or incomplete. Where appropriate, the amended information will be transmitted to third parties having access to such information.
As part of using our Website or the Services, you may have also opted in to receive email communications from us. If you opted-in to receive such communications, we may use the information to: communicate with you regarding our products, Services and promotions; provide you with other information that you request; and/or improve our product and service offerings.
You will always have the opportunity to “unsubscribe” from receiving any of our e-mail or other communications at any time and we will ensure that our e-mails include instructions on how to unsubscribe if you no longer wish to receive future e-mails from us. We provide an on-going opportunity to unsubscribe or opt-out of contact by us by accessing our Website or by e-mail to email@example.com.
BERKSHIRE AXIS DEVELOPMENT CORP.
Please read the following carefully.
If you do not agree with some or all of these terms, do not use the Website.
If you are accessing our Website on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (“Company”), by accessing our Website, you represent and warrant that you are authorized to accept these terms on behalf of the Company and bind such Company.
The Website is provided for general information only. Although Berkshire Axis uses commercially reasonable efforts to ensure that the information contained on the Website is accurate, errors and/or inaccuracies may occur. Berkshire Axis does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Website. Berkshire Axis may change or update information on the Website at any time without notice. We make no representations that the Website is compatible with, or will function or operate with your device or equipment.
Information contained on the Website, including information relating to plans, specifications, pricing, availability, features and amenities is approximate only and is subject to change at any time and in any manner whatsoever in order to comply with building site conditions and municipal, structural and developer and/or architectural requirements. Berkshire Axis further reserves the right to make modifications or substitutions to project design, specifications, features, appliances, pricing and floor plans in its sole discretion and without notice or obligation. Dimensions, square footage and floor plans are illustrative, approximate and provided for reference only. Final dimensions, square footage and floor plans may vary and will be determined by final strata plan measurements. The information and materials provided on the Website do not constitute professional or legal advice. None of the materials or information is an offering for sale. Any such offering may only be made with a disclosure statement. E.& O.E.
The use of this Website or the Services provided herein does not create a client or other advisory relationship between you and Berkshire Axis. Berkshire Axis is not your agent, fiduciary, trustee, or other representative.
Berkshire Axis is not providing real estate or investment advice to you. You should seek professional and/or legal advice and complete your own independent investigations prior to any potential purchase of real estate.
(a) All of the content on or made available via the Website, including without limitation all of the page headers, names, images, illustrations, information, photographs, artwork, designs, graphics, audio clips, video clips, multimedia clips, interfaces, text, software, code, data, displays, the Website’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names and the design, selection, arrangement and presentation of the Website as a collective work and/or compilation (collectively “Material”) is the property of us or our licensors, as are all related trade-mark, copyright, patent and/or other intellectual property and other proprietary rights.
(b) The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and Berkshire Axis owns or licenses all copyright in the selection, co-ordination, arrangement and enhancement of the Material.
(c) All company names, brand names, trade-marks and logos are the property of their respective owners, including without limitation, all trade-marks owned by Berkshire Axis. No part of the Services and nothing contained in the Website will be construed as granting any license or right to use any trade-marks, service marks or any other intellectual property (whether by implication, estoppel or otherwise), including our trade-marks, except with our express written permission or such other party that may be the owner thereof.
(d) We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, “Documentation”) owned by us or licensed to us which are protected under copyright, trade-mark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent. You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation. The restrictions set out in this Agreement do not apply to the limited extent the restrictions are prohibited by applicable law.
(a) You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material. Any use of any of the Material (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
(b) We expect that you will access and use our Website in a professional, responsible and business-like manner in accordance with applicable laws when uploading User Content (as defined below) through the Website. You must not submit, publish or otherwise disseminate to Berkshire Axis or through the Website anything which: (i) defames, libels or invades the privacy of any person; (ii) is obscene, pornographic, abusive or threatening; (iii) infringes on any intellectual property or other rights of any person or entity; (iv) has contaminating or destructive properties (i.e. software viruses); (v) violates any law; (vi) advocates or describes any illegal activity; or (vii) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
(c) You are not obligated to provide us with any questions, suggestions, ideas and other information (collectively, “Suggestions”) regarding our Website. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
(d) You may not and may not authorize any other person to: (i) co-brand our Website; (ii) frame our Website; or (iii) hyperlink to our Website, without the express prior written permission of an authorized representative of Berkshire Axis. For purposes of this Agreement, “co-branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Website or which may confuse a user as the nature of the relationship between us and any party. You will cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
(e) You further agree that you must use our Website for lawful purposes only and represent and warrant that you will not use our Website to:
(i) e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iii) remove any proprietary notices or labels, or any promotional or advertising material, from our Website;
(iv) e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Website or otherwise communicating with us;
(vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or limits the functionality of any Berkshire Axis or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(vii) interfere or attempt to interfere with or disrupt our Website, including but not limited to our servers or networks connected to our Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Website or disobeying any requirements, procedures, policies or regulations of networks connected to our Website;
(viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Website or any User Content;
(x) modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any portion of our Website;
(xi) collect, use, disclose, store or distribute any User Content or other personal information of a third party without their express consent;
(xii) transmit any information or User Content known by you to be false, inaccurate or misleading; or
(xiii) transmit any information or User Content that is intimate, private or that you would not want the public to view or have access to.
(f) Berkshire Axis may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the Website for any reason and without any liability to you whatsoever.
(g) We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
(a) Our Website may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than Berkshire Axis (“Third Party Providers”). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers on our Website does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
(b) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(c) You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
(a) By using our Services and Website, you may have the opportunity to post, upload or otherwise make available content (such as data, text and any information or materials) to the Website (“User Content”). You agree to only upload User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to upload such User Content to our Website.
(b) If you upload User Content that is the personal information of a third party, you agree that you will only do so after you have obtained consent to do so in accordance with applicable privacy laws. You hereby confirm that any and all User Content provided by you to us complies with all applicable laws.
(a) You understand that we will use commercially reasonable efforts to provide our Website, Material and Documentation but we cannot and do not guarantee or promise any specific and intended results, including but not limited to financial or commercial, from the use of our Website, Material and Documentation. You also understand that our Website, Material and Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Website, Material and Documentation will be at your own risk and that you must evaluate and bear all risks associated with the use of our Website, Material and Documentation. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF AND RESULTS FROM USING OUR WEBSITE, MATERIAL AND DOCUMENTATION. YOUR USE OF OUR WEBSITE, MATERIAL AND DOCUMENTATION IS ENTIRELY AT YOUR OWN RISK.
(b) We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Website or any files and emails from us will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR DOCUMENTATION, MATERIAL OR WEBSITE.
(c) The Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
(d) YOUR USE OF OUR WEBSITE, MATERIAL AND DOCUMENTATION ARE PROVIDED “AS IS”, “WHERE IS”, “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERKSHIRE AXIS AND ALL DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS AND SUPPLIERS OF BERKSHIRE AXIS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, MATERIAL AND DOCUMENTATION IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT: (I) OUR WEBSITE, MATERIAL OR DOCUMENTATION DOES NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY; (II) OUR WEBSITE, MATERIAL OR DOCUMENTATION WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE; (III) OUR WEBSITE, MATERIAL OR DOCUMENTATION WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY; (IV) ANY DEFECTS IN OUR WEBSITE, MATERIAL OR DOCUMENTATION WILL BE CORRECTED; AND (V) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT.
We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Website or you downloading of any Material or Documentation, or inability to do any of the foregoing.
YOUR USE OF THIS WEBSITE IS UNDERTAKEN AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL BERKSHIRE AXIS OR ANY DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AGENTS, MEMBERS AND SUPPLIERS OF BERKSHIRE AXIS (“ASSOCIATED PERSONS”), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH: (I) YOUR ACCESS TO OR USE OF THIS WEBSITE, YOUR RELIANCE ON ANY MATERIAL OR DOCUMENTATION, OR ANY CONSEQUENCES FLOWING THEREFROM; (II) YOUR USE OF OR INABILITY TO USE OUR WEBSITE, MATERIAL AND DOCUMENTATION; (III) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (IV) ANY FAILURE OF PERFORMANCE OF OUR WEBSITE, MATERIAL AND DOCUMENTATION, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (V) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES; OR (VI) ANY OTHER MATTERS RELATING TO OUR WEBSITE, MATERIAL AND DOCUMENTATION, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, FAILURE TO REALISE ANTICIPATED BENEFITS, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZED UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BERKSHIRE AXIS OR THE ASSOCIATED PERSONS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WE EXPRESSLY DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BERKSHIRE AXIS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED CDN $5,000.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY MATERIAL OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to defend, indemnify and save harmless Berkshire Axis and all directors, officers, employees, contractors, agents, members, suppliers and successors and assigns of Berkshire Axis (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use or misuse of the Website, Material or Documentation or your breach of this Agreement, including your failure to appropriately obtain consent from a third party. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Website, Material and Documentation, including but not limited to trademark infringement or other intellectual property claims from third parties.
When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all legal fees and expenses incurred by us with respect to such response.
This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Website.
You are prohibited from using any services or facilities provided in connection with our Website to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of this Agreement and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating this Agreement.
This Agreement and your use of the Services (including access to the Website) will be governed by and interpreted exclusively in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable in Ontario, excluding its conflict of laws rules and all private international laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.
You further agree that despite being available from a variety of jurisdictions, the Services (including access to the Website) will be deemed solely based in the Province of Ontario, Canada; and that the Services and the Website will be deemed to be passive in nature and not giving rise to personal jurisdiction over Berkshire Axis in jurisdictions other than the Province of Ontario.
You hereby consent and submit to the exclusive jurisdiction of the courts located in the Province of Ontario in respect of all disputes arising out of or relating to your use of or inability to use the Services and this Agreement and any claims arising from such disputes will be filed only in a court located in Toronto, Ontario, Canada. Your use of our Website and Documentation is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Website, Material or Documentation in any such circumstances.
Notwithstanding the foregoing, you agree that nothing herein precludes Berkshire Axis’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
You acknowledge and agree that this Agreement shall remain in effect for so long as you use our Website, Services or Documentation. You agree that this Agreement can only be terminated by you once you have stopped using our Website, Services or Documentation. We reserve the right to suspend or terminate your use of our Website, Services or Documentation and remove and discard any information related to you and your use of our Website or Documentation at any time, for any reason, with or without cause, if we believe that you are violating this Agreement in any way. If you are dissatisfied with our Website, Material or Documentation, including this Agreement, your sole remedy is to discontinue using our Website, Material or Documentation by ceasing to use the Website.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent. Berkshire Axis may assign this Agreement and the rights and obligations granted hereunder without your consent.
Nothing expressed or mentioned in or implied from this Agreement 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 this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you, Berkshire Axis and the Associated Persons.
The headings used in this Agreement are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of this Agreement.
You agree that English will be the language of our Website and of all transactions occurring in connection with our products and services, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that this Agreement have been drawn up in English. C’est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s’y rattachent soient rédigés en anglais.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of Sections 1-2, 4-5 and Sections 9-22 will survive termination of the Agreement, howsoever occasioned.
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Services and Material, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of this Agreement and the provisions of any other document or agreement incorporated or referenced herein, this Agreement will govern to the extent of the inconsistency.
We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time in our sole discretion. We will notify you of any changes to this Agreement by posting notice of such changes on the Website. Any changes will be effective upon the posting of the changes on our Website. Your use of our Website will be subject to the most current version of this Agreement posted on our Website at the time of such use. You agree that we have this right, and that your continued use of the Services and our Website following notice of such change means that you agree to and accept the amendments. Please consult this Agreement regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF OUR WEBSITE.
Questions about our Services, or regarding your rights and responsibilities under this Agreement, can be directed to info@Berkshireaxis.com.
This Agreement was last modified on October 28, 2019.