- This website is operated by the Association of Professional Engineers and Geoscientists of the Province of Manitoba (“Engineers Geoscientists Manitoba”). Throughout the site, the terms “we”, “us” and “our” refer to Engineers Geoscientists Manitoba. We offer this website (“Website”), including all information, tools, promotions and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- By visiting and/or using the Website, you engage in our “Service” and agree that you have read, understood, and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Terms of Service, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
- Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - GENERAL CONDITIONS
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or you represent that you are being supervised by your legal guardian while visiting and/or using the Website if you are not the age of majority.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services or the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of these Terms of Service will result in an immediate termination of your Services.
- We reserve the right to refuse service or deny access to the Website to anyone for any reason at any time.
- You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services without express prior written permission by us.
- The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.
SECTION 3 - MODIFICATIONS TO THE SERVICES
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you at any time.
- We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of all or any of the Services.
SECTION 4 - PRODUCTS OR SERVICES
- Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities.
- We have made every effort to display as accurately as possible the colors and images of our products on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the availability of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products are subject to change at any time without notice to you, at the sole discretion of us. We reserve the right to discontinue any product at any time without notice to you, at the sole discretion of us. Any offer for any product or Service made on the Website is void where prohibited.
- We do not warrant that the quality of any products, Services, information, or other material obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 5 - ACCURACY OF SHIPPING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order or request you place with us. We may, in our sole discretion, limit or cancel quantities of products ordered or requested per person, per household or per order. These restrictions may include orders placed by or under the same user account and/or orders that use the same shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the mailing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate account information for all orders made through the Website. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
SECTION 6 - THIRD-PARTY LINKS
- Certain content, products and services available via the Website may include materials from third-parties.
- Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, whether voluntarily or at our request, you send submissions, such as, without limiting the generality of the foregoing, contest entries, photos, creative ideas, suggestions, proposals, plans, comments or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you provide to us. We are and shall be under no obligation (i) to maintain any Submissions in confidence; (ii) credit you in any manner whatsoever for the Submissions; (iii) to pay to you any compensation whatsoever for any Submissions; or (iv) to respond to any Submissions.
- We may, but have no obligation to, monitor, edit or remove Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Website is inaccurate at any time without prior notice to you (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on the Website, including without limitation, except as required by law. No specified update or refresh date applied in the Service or on the Website should be taken to indicate that all information in the Service or on the Website has been modified or updated.
SECTION 10 - PROHIBITED USES
- In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or municipal regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.
SECTION 11 – INTELLECTUAL PROPERTY INFORMATION
- For the purposes of these Terms of Service, "Content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed on or via the Website.
- By accepting these Terms of Service, you acknowledge and agree that all Content presented to you on the Website is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is our sole property or the property of our licensors. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Website in any form or by any means without prior written permission from us. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- We do not warrant or represent that your use of materials displayed on, or obtained through, the Website will not infringe the rights, including without limitation intellectual property rights, of third parties.
- All custom graphics, icons, logos and service names are our registered trademarks, trademarks or service marks and are subject to intellectual property rights under the laws of Canada and other countries, as applicable. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right or license to use any intellectual property, including without limitation any trademark, service mark, logo, and/or our name.
- You agree that you will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, reproduce, duplicate, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Website in whole or in part, including any data or information contained therein. You shall not permit, allow or do anything that would infringe or otherwise prejudice our or our licensors’ proprietary rights. The restrictions set out in these Terms and Conditions shall not apply to the limited extent the restrictions are prohibited by applicable law.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of the Website or Services will be uninterrupted, timely, secure or error-free.
- You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Website or Service is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Website, the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, the Service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
- You agree to indemnify, defend and hold harmless us, as well as our officers, directors, employees, shareholders, agents, representatives, contractors, sub-contractors, consultants, advertising and promotional agencies, affiliates, subsidiaries and parent companies, and their respective officers, directors, shareholders and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website or the Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles.
SECTION 18 - CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.