OFFICES: TORONTO 905.876.1444 | CALGARY 403.235.9922

Terms of Use.

Terms of Use

 

Acceptance of Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

RWH Engineering owns and operates this Website, located at http://rwhengineering.ca(the “Website”). These terms of use of the Website (the “Agreement”) contain the terms and conditions under which you may access and use the Website. By accessing and using the Website you are indicating your acceptance to be bound by this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. IF YOU ARE DISSATISFIED WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. This Agreement may be updated from time to time in the sole discretion of RWH Engineering. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

 

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. RWH ENGINEERING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.

 

Linking

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by RWH Engineering of the contents of such third-party websites. RWH Engineering is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

 

Security

Please note that information sent or received over the Internet is generally unsecure and RWH Engineering cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third-parties of personal or other information.

 

General

Any consent by RWH Engineering to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with RWH Engineering that expressly reference this Agreement, this is the entire agreement between you and RWH Engineering relating to the matters contained herein.

 

Ownership

All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by RWH Engineering, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF RWH ENGINEERING.

 

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL RWH ENGINEERING, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF RWH ENGINEERING KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL RWH ENGINEERING, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF RWH ENGINEERING HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT SHALL RWH ENGINEERING, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF RWH ENGINEERING OR YOUR FAILURE TO PROTECT YOUR INFORMATION SUBMITTED BY YOU ON THE WEBSITE FOR REGISTRATION WITH THE WEBSITE OR YOUR PASSWORD OR ACCOUNT INFORMATION.

 

RWH ENGINEERING EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL RWH ENGINEERING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.

 

IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

YOU HEREBY RELEASE RWH ENGINEERING AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM ARISING FROM MAKING AN ONLINE DONATION OR FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.

 

 

Trade-marks

The following trade-marks are owned by RWH Engineering (or are licensed for use by RWH Engineering):

 

  • RWH ENGINEERING
  • List all that apply

 

Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of RWH Engineering or third parties. While certain trade-marks of third parties may be used by RWH Engineering under license, the display of third-party trade-marks on the Website should not be taken to imply any relationship or license between RWH Engineering and the owner of said trade-mark or to imply that RWH Engineering endorses the wares, services or business of the owner of said trade-mark. Nothing contained on the Website should be construed as granting you any license or right to use any trade-mark logo or design of RWH Engineering or any third party, without the written permission of RWH Engineering or the respective owner of any third-party trade-mark.

 

 

Notice and Procedure for Making Claims of Copyright Infringement

It is the policy of RWH Engineering to respond to claims of intellectual property infringement. RWH Engineering will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to [email protected]

To be effective, the notification of infringement must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

Governing Law and Jurisdiction 

The Website (excluding linked Websites) is controlled by RWH Engineering from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Content Feeds / RSS

RWH Engineering may provide content feeds on or through the Website including but not limited to, a selection of headlines, summaries or text blurbs, links to full stories, links to audio/video streams, which are available to users in various formats such as HTML, Really Simple Syndication, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, non-commercial use. You may display, excerpt from, and link to the Content Feeds on your personal website, weblog, or similar application for personal, noncommercial purposes, provided that:

 

  • the links redirect the user to the Website when the user clicks on them;
  • you do not insert any intermediate page, splash page or other content between the links and the applicable Website page;
  • the use or display does not suggest that RWH Engineering promotes or endorses any third party causes, ideas, websites, products or services;
  • the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted; and
  • you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal website, weblog or similar application,
    • you may not redistribute the Content Feed; and
    • you must provide attribution to RWH Engineering by including ” RWH Engineering ” in text adjacent to the Content Feed. Any other use of RWH Engineering ‘s trade-marks or service marks or of the Content Feeds requires the prior written permission of RWH Engineering which may be obtained by emailing [email protected]

 

For permission requests, please e-mail us at [email protected].

You agree to remove any link to the Website and/or access to a Content Feed upon the request of RWH Engineering.

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