Terms of Use
USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT WITH ALL OF THE FOLLOWING:
By accessing or using the Calgary Assessment Review Board Website, (this "Site") you accept and agree to be bound by this Terms of Use Agreement (this "Agreement"). If you do not agree with this Agreement or any term or condition contained in it, immediately discontinue use of this Site.
This Agreement is between you ("you" or "your") and the Calgary Assessment Review Board (the “Board”) and may be modified or discontinued or unavailable, temporarily or permanently, at any time, with or without notice. Your use of this Site is subject to this Agreement as posted on this Site at the time of use.
- Ability to Accept Terms of Use. You are either at least 18 years of age, or possess legal or guardian consent, and are fully able and competent to accept and be bound by the terms of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are a legal guardian (a “Minor”), to use this Site, you are solely responsible for (i) the online conduct of the Minor, (ii) monitoring the Minor’s access to and use of the Site, and (iii) the consequences of any use of the Site by the Minor.
- Copyright and Intellectual Property Rights. The Board owns the intellectual property rights, including copyright, or has acquired the necessary licences in the information on this Site, including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of this Site (collectively the “Contents”).
The Contents on this Site and its compilation is protected by Canadian and International copyright and trademark laws. Unauthorized use of the Contents may violate copyright, trademark and other laws. Copying, repackaging, redistributing or modifying the Contents provided by this Site, in whole or in part, in printed or electronic format, is strictly prohibited.
- Licence. The Board grants you a limited, non-exclusive, non-transferable licence to access and make personal use of this Site. You are strictly prohibited from modifying this Site in any manner whatsoever.
No derivative use of the Site or its Contents or any use of data mining, robots, spiders, search/retrieval applications or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site automatically terminates the license and all limited rights or permission granted by the Board.
You are fully responsible for any consequences resulting from your use of this Site.
Unless expressly stated otherwise, any new features that augment or enhance this Site are covered by this Agreement.
- Statutory Compliance. Notwithstanding any claims or intentions otherwise posted to the Site, You are responsible for ensuring any Submissions are made in compliance with the City of Calgary Property Tax Bylaw, the City of Calgary Business Tax Bylaw, The Calgary Assessment Review Board Bylaw and the Municipal Government Act with its corresponding regulations, including, but not limited to, the Matters Relating to Assessment Complaints Regulation, the Matters Relating to Assessment and Taxation Regulation and the Community Organization Property Tax Exemption Regulation.
- Limitation of Liability and Disclaimer of Warranties and Conditions. The Contents, products and services on this Site are provided in good faith on an “as is” and “as available” basis and are current at the time of posting.
The Board disclaims all warranties or conditions, express or implied, in respect of the Contents, products and services considered by this Agreement, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.
THE BOARD IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIS SITE, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE.
- Indemnity. You agree to indemnify, defend and hold harmless the Board and its chairpersons, officials, officers, employees and authorized representatives from and against any liability, all forms of loss injury, demand, action, cost, expense or claim of any kind, including but not limited to lawyer’s fees, relating in any way to your use of the Contents, information, products or services provided by this Site.
- Links. Links to third-party websites are provided solely as a convenience to you. These other websites are independently developed by parties other than the Board and the Board assumes no responsibility for the accuracy or appropriateness of the information contained in such websites. The inclusion of any link to another website does not imply an endorsement by the Board and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third-party websites, you do so entirely at your own risk.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site, so long as the link does not portray the Board, its officials, its employees, or its Content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.
- Site Policies, Modification and Severability. The Board reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part of it) with or without notice. Any changes or additional terms to this Site are effective immediately upon their posting on the Site. You agree that the Board will not be liable to you or to any third party for any modification, suspension or discontinuation of this Site (or any part of it).
Your use of this Site is subject to this Agreement posted on the Site at the time of your use.
In the event any of the conditions in this Agreement are determined to be invalid, void or for any reason unenforceable, such conditions will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
The Board’s failure to assert or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Survival. Any Sections which by their sense or context are intended to survive the termination or expiration of this Agreement will survive, including but not limited to Section 5 (Limitation of Liability) and Section 2 (Intellectual Property).
- Request for Permission and/or Further Information. Any use beyond the scope permitted by this Agreement requires express written permission from the Board. The requirements for obtaining written permission may include but are not limited to an additional formal license agreement to which a license fee may apply.
- Termination. If you violate this Agreement or other policies and guidelines posted on this Site, your permission to use the Content automatically and immediately terminates and you must immediately destroy any copies you have made of the Content. The Board reserves all of its rights at law and in equity.
- Arbitration. Any and all disputes, claims or controversies arising out of or in any way connected with or arising from this Agreement, or any failure of the parties to reach agreement with respect to the matters provided for in this Agreement and all matters of dispute relating to the rights and obligations of the parties which cannot be amicably resolved will be referred to and finally resolved by private and confidential binding arbitration held in Calgary, Alberta, Canada, in English and governed by Alberta law pursuant to the Arbitration Act, R.S.A. 2000, c A-43, as amended, replaced or re-enacted from time to time.
- Entire Agreement. This Agreement contains the entire understanding and agreement between you and the Board with respect to the subject matter of this Agreement.
- Governing Law and Jurisdiction. The use of the Site is governed by the laws in force in the Province of Alberta and Canada. You agree to submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta. The United Nations Convention on Contracts for the International Sale of Goods does not apply.