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EMERCOR Ltd. will use our best efforts to protect your privacy while you are logged on to our site. Your registration information is for
the purpose of verifying your credentials so we can protect your privacy as best as we can against unauthorized participants. We do not use
the information provided for any commercial purpose.
You retain the option of disclosing your own personal information to other visitors to this website, but your information will not be
made available to visitors without your permission.
EMERCOR Ltd. uses cookies to enhance your experience with the site. When you login to the site, a session variable is placed on your
computer so that you can browse from topic to topic and to other sections within the site without having to type your password continuously.
These session variables are intended to help facilitate your experience on the site. We do not use these types of electronic identifiers to
track your other navigations on the Internet. Your account information is password protected for your privacy and security.
The EMERCOR website may include links posted by other members, sponsors, or companies hosts which direct you off our site and onto
another site which may have its own privacy policy that differs from, and is not covered by, this privacy policy.
EMERCOR Ltd. provides information for professionals ("Members") to collaborate with each
other and individual consumers using a variety of tools over the Internet's World Wide Web currently located at the URL address
www.emercor.com (the "Service"). Our provision of this Service is subject to the following terms and conditions and any rules, guidelines
or policies (collectively, "Terms of Service") that may be published from time to time by EMERCOR Ltd. and/or its subsidiaries, affiliates,
officers, directors, employees, agents, etc. (collectively, " EMERCOR Ltd."). We may update any or all of the Terms of Service from time to
time without notice. Please read them carefully. You understand that the Service is provided "AS-IS" and that EMERCOR Ltd. assumes no
responsibility for the timeliness, deletion, delivery or failure to store any member, sponsor, or group communication.
As a condition of using the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself and your employer (the "Registration Data") as prompted by the forms; (b) to maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete EMERCOR Ltd. has reasonable grounds to believe that such information is untrue, inaccurate, not
current or incomplete. EMERCOR Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the
Service. You will receive a password upon completing the Registration Form. You are responsible for maintaining the confidentiality of that
password. You agree to notify EMERCOR Ltd. immediately of any unauthorized use of your password.
Registration Data and certain other information you provide to or through the Service is subject to our Privacy Policy.
For more information, please see our privacy policy.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you
upload, post, email or otherwise transmit using the Service. Under no circumstance will EMERCOR Ltd. be liable in any way for any Content,
including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of
any Content uploaded, posted, emailed or otherwise transmitted or hosted using the Service. You also acknowledge and agree that EMERCOR Ltd.
may disclose information about your account or your use of the Service, to any third party if required to do so by law or in the good faith
belief that such preservation, removal or disclosure is necessary to:
- comply with legal process;
- enforce the Terms of Service;
- respond to claims that any Content violated the rights of third parties; or protect the rights, property, or personal safety of EMERCOR
Ltd. its clients, customers, prospects, or members of the public.
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of
technical data exported from Canada or the country in which you reside.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, the Service, use of the Service or access to the Service.
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You agree to indemnify, defend and hold harmless EMERCOR Ltd. from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:
- Visiting the EMERCOR Ltd. website;
- your use of the Service;
- your connection to the Service;
- your violation of the Terms of Service, or
- your violation of the rights of another. EMERCOR Ltd. reserves the right, at its own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
EMERCOR Ltd. reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that
EMERCOR Ltd. shall not be liable to you or any third party for any modification to or discontinuance of the Service.
You acknowledge and agree that Content, including but
not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service
or information presented through the Service by EMERCOR Ltd., Customers or Clients is protected by their copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. Content received through the Service may be displayed, reformatted, and printed by you
for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute
in any way Content available through the Service, including code and software.
The Service may provide, or third parties may provide, links to other
World Wide Web sites and resources. You acknowledge and agree that EMERCOR Ltd. is not responsible for the availability of these outside
resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such
sites or resources. You further acknowledge and agree that EMERCOR Ltd. shall not be held responsible or liable, directly or indirectly, for
any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or
through any such sites or resources.
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMERCOR LTD. EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. EMERCOR LTD. MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. EMERCOR LTD. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH OR FROM ITS SPONSORS OR MEMBERS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH MEMBERS OR SPONSORS. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOU
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM EMERCOR LTD. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. LIMITATION
OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMERCOR LTD.
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMERCOR LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES; (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMERCOR LTD. IS NOT RESPONSIBLE OR
LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS
AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Notices may be provided to you by email or regular mail. The Service may also
provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on
the Service. It is up to you to make sure EMERCOR Ltd. has your up to date email address and contact information.
The Terms of Service constitute the entire agreement between you and
EMERCOR Ltd. and govern your use of the Service, superseding any prior agreements between you and EMERCOR Ltd. The Terms of Service and
the relationship between you and EMERCOR Ltd. shall be governed by and construed in accordance with the laws of Alberta without regard to
its conflict of law provisions. You and EMERCOR Ltd. agree to submit to the personal and exclusive jurisdiction of the courts located in
Alberta. The failure of EMERCOR Ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver
of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then
such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms
of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or to the Terms of Service must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or
contractual effect or significance.
It is the express wish of the parties that the Terms of Service and all
related documents have been drawn up in English.
Please report any violations of the Terms of Service to:
Mr. David Rogne
President
104 Commercial Court
Calgary, Alberta
Canada T3Z 2A5
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