The contents of the Portal include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Portal” includes all of the Contents. Certain materials, tools and services relating to business planning, financing, operations, human resources, legal and regulatory, communications, marketing, networking, certification, computers and technology, as well as coaching and mentorship services, and such other tools and services that may be added from time to time (collectively the “TFAB Materials” and “Services”) are made available through the Portal by CCAB’s partners identified on the Portal (each a “Provider”).
Certain TFAB Materials and Services, including mentorship services, procurement tools, a community forum and such other tools and services that may be added from time to time by us are only made available through the Portal to registered CCAB members. For more information on how to access the member portion of the Portal, please visit https://www.ccab.com/joinccab.
2. Provision of the Portal by CCAB
You acknowledge and agree that the form and nature of the Portal may change from time to time without prior notice to you.
You acknowledge and agree that CCAB may stop (permanently or temporarily) providing the Portal (or any features within the Portal) to you or to users generally, at CCAB’s sole discretion, without prior notice to you. You may stop using the Portal at any time. You do not need to inform CCAB when you stop using the Portal or any of its features.
3. Use of the Portal by You
Your use of the Portal is subject to all applicable local, provincial, state and federal laws and regulations.
Unless you have been specifically permitted to do so in writing by CCAB, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents for any purpose.
4. Use of Services
Although CCAB takes certain steps to examine the credentials of our listed Providers, CCAB makes no guarantees or representations regarding the skills or representations of such Providers or the quality of the work that such Providers may perform for your business if you elect to retain their services. CCAB does not endorse or recommend the services of any particular Provider. It is entirely up to you to: (i) evaluate a Provider’s qualifications and experience, (ii) determine whether a particular Provider’s Services will meet your requirements, and (iii) enter into a direct contract or otherwise reach an agreement with a Provider. CCAB DOES NOT GUARANTEE OR WARRANT ANY PROVIDER’S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE SERVICES PERFORMED. The Providers are not employees or agents of CCAB, nor is CCAB an agent of the Providers.
CCAB is not a broker/dealer or registered investment advisor under Ontario securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice.
Should you have a dispute with any Provider, you must address such dispute with the Provider directly. YOU HEREBY AGREE TO RELEASE CCAB (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS OR DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PROVIDERS.
5. Use of TFAB Materials
CCAB may make available on the Portal certain information, materials and tools (“TFAB Materials”) owned by CCAB or our Providers to assist entrepreneurs and businesses with their business ventures. CCAB grants you a non-exclusive, non-transferable right to access and use the TFAB Materials for your internal business purposes. The TFAB Materials may not be distributed, sold, resold or otherwise exploited for any commercial purpose, commercial advantage or monetary compensation, unless you have been permitted to do so in writing by CCAB or the applicable Provider.
The TFAB Materials are provided for information purposes only, unless otherwise indicated, and are not intended to provide legal, financial, tax or other professional advice or create any client or legal relationship between you and CCAB or our Providers. You should not rely on the materials without first seeking advice from a qualified professional.
6. Use of the Portal through Mobile Devices
You may access and use the Portal through a mobile device. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Portal through a mobile device.
7. Privacy and Confidentiality
Notwithstanding the foregoing, you should be aware that, unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, CCAB does not represent, warrant or guarantee that personal information will be protected against loss, misuse or alteration.
CCAB may collect your online activity information in its websites and in this Portal, or in CCAB advertisements hosted on third party websites, using cookies and other tracking technology. Your online activity information may be used together with other information we have about you to assess the effectiveness of online promotions, to gather data about website functionality, to understand your interests and needs, to provide you with a customized online experience and to communicate to you information about products and services that may be of interest to you. The consent in this Section 7 will not change any other consent, authorization or preference you have given or may give regarding the collection, use and disclosure of your personal information.
9. Links to Third-Party Portals
Use of certain links on the Portal will direct you away from the Portal to third party websites, including the websites of Providers. Such third party websites are not under the control of CCAB, and CCAB is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Portal are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by CCAB of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Portal, you do so entirely at your own risk. You acknowledge and agree that CCAB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party website.
10. Ownership of Intellectual Property Rights
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Portal without CCAB’s prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Portal provided that such link is to the entry page of the Portal and does not portray CCAB or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
11. Third-Party Information
Any third party content, data or publications made available through the Portal are furnished by CCAB on an “as is” basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Portal, are those of the respective author(s) or publisher(s) and not of CCAB. CCAB DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
12. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT THE PORTAL, THE TFAB MATERIALS AND THE SERVICES ARE MADE AVAILABLE TO YOU BY CCAB “AS IS” AND “AS AVAILABLE.”
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
CCAB MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY TFAB MATERIALS MADE AVAILABLE ON THE PORTAL. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE TFAB MATERIALS AVAILABLE ON THE PORTAL IS AT YOUR SOLE RISK.
CCAB FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CCAB SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PORTAL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON CCAB’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT CCAB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
CCAB reserves the exclusive right, at your expense, to conduct the defence and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with CCAB in asserting any and all available defences.
We may terminate your use of the Portal and/or access to the Contents, TFAB Materials, Services, features, functionality and products made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
No e-mail address found on the Portal may be harvested or otherwise used for purposes of solicitation.
17. Obtaining CCAB’s Consent