Membership Agreement

Version 1 - September 2009

Plain english

This is a plain language version of the legal copy below. Please be sure to read the full legal copy if you have any point that causes you concern or you would like more clarification on.

We promise

  • To keep open lines of communications with all members.
  • To do our best to protect our members privacy and security.
  • To continually develop tools and systems that assist members in running their businesses.
  • To do our best to maintain secure, redundant server systems with effective back-up procedures*.
  • To ensure all members are treated equally, without bias or preference.
  • To enforce copyright laws at all times.
  • To make your business information available to you in a timely, and appropriate format fashion if you leave the collective.

You promise

  • That you understand that this agreement will change from time to time and that The Bauhub will make every effort to alert you to changes in a timely fashion.
  • That only you may use you account or login information.
  • To keep your login and password safe and alert us immediately if you suspect it has been compromised.
  • That we may send information pertaining to The Bauhub and the collective via mail or electronically as needed.
  • To respect copyright laws at all times.
  • To never participate in SPAM like activities to any members.
  • That all work, contracts, and financial agreements are between the members working together and not with The Bauhub directly.
  • That The Bauhub may suspend any membership, with or without warning, if we become aware of any activity that may infringe upon the membership criteria or membership agreement.
  • If your account is dormant for a period of one year, without activity, all of your data may be removed from our servers at our discretion.
  • That while The Bauhub will make every reasonable effort to secure your data and allow you to access The Bauhub’s services, interruptions may occur due to unforeseen circumstances.
  • If there is any disagreement between members, or with The Bauhub directly that you agree to binding arbitration as the resolution method.

The detailed version

This Member Agreement (“Agreement”) contains the terms and conditions that apply to your use of our services which are described in further detail at our recruitment site (hereinafter collectively referred to as the “Service”) which we may operate or host from our servers.

Please read these terms carefully, since your use of any portion of the Service constitutes acceptance of these terms and creates a binding legal agreement. Please don’t hesitate to contact us if you have any questions about the statements contained in this Agreement.

We reserve the right to update and change the Agreement from time to time. Continued use of the Service after any such changes shall constitute your consent to such changes. In the event that you disagree with any future changes to this Agreement, please contact us immediately to discuss the impact of these changes to your membership and to determine whether cancellation of your membership would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel your membership. If we don’t hear from you, we will assume that your silence is your acceptance of any changes. While we will make every effort to advise you of any changes, you are advised to periodically visit our website to review the most current version of the Agreement.

  1. Registration Process
    1. You are only permitted to access and use the Service if you are a Member. “Member” means an individual that has submitted a Membership Application that has been accepted by us in accordance with our membership requirements, which are available here (“Membership Requirements”).
    2. Each Member will be provided with a unique identifier to access and use the Service (“Username”) and a password (“Password”). The Username and Password shall only be used by the Member to whom they are assigned, and shall not be shared with, or used by any other person, including other Members.
  2. Security of Passwords and Privacy Policy
    1. Each Member is responsible for protecting the security of their Password, or any other codes associated to the Service known to them, and for the accuracy and adequacy of their personal information provided to us.
    2. You agree to take preventative steps to prevent unauthorized use of your Username and Password, and you agree to promptly notify us, upon suspicion that a Password has been stolen, compromised, or misused.
    3. You acknowledge that we reserve the right to occasionally send correspondence to our Members that may include newsletters, updates, information and notices, etc. that we deem to be of interest. If you do not want to receive newsletters and updates, you may opt out of those services by going to the MANAGE MY ACCOUNT in your MEMBER PROFILE, or, after receiving the newsletters and updates, you may unsubscribe.
    4. For additional information regarding our protection of your personal information, please consult our Privacy Policy available at [insert hyperlink].
  3. Terms of Use
    1. As a Member, you are granted a non-exclusive, non-transferable, limited licence to access and use the Service.
    2. You acknowledge and agree that our Membership Requirements are ongoing and you also agree to promptly notify us if you anticipate that you are unable to satisfy our Membership Requirements.
    3. You acknowledge and agree that we do not review or pre-screen the contents of electronic data uploaded or posted to the Service by you (“Your Content”), and we claim no intellectual property rights with respect to Your Content. You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by our Members will not infringe upon or violate the rights of any third party.
    4. We support copyrights and we take all allegations of copyright violation very seriously. To that end, if you believe that any content made available on the Service in violation of your intellectual property rights, you are encouraged to notify us immediately.
    5. We reserve the right to contact you to request permission to use content that you have made accessible to our Members, without compensation for purposes related to advertising, marketing, and promotion of the Service. Our Members are under no obligation to provide their permission for such requests.
    6. You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheets (“CSS”) or any visual design elements without our express written permission. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
    7. You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, or any other software or service provided by us.
    8. You agree not to use the Service in any manner which may infringe copyright or other intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of the Agreement.
    9. You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
    10. The Service is protected by Canadian and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive licence granted pursuant to the Agreement, you acknowledge and agree that all ownership, licence, intellectual property and other rights and interests in and to the Service shall remain solely with us.
    11. We reserve the right, at any time, in our sole discretion, to take any action deemed necessary with respect to Your Content which violates the terms and conditions of this Agreement, including, but not limited to, removal of Your Content.
    12. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
    13. We reserve the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and we will endeavour to provide reasonable notice prior to any such suspension.
  4. Project Collaboration
    1. As a Member, you are entitled to use the Service to find other Members to collaborate with. All contracts, agreements, project communications and invoices and payments are to be handled directly between Members. The Bauhub Incorporated is in no way liable for projects, agreements or payments for projects completed between Members.
  5. Suspension and Cancellation
    1. Members are solely responsible for canceling their membership. You may cancel your membership at any time by accessing the Service, and clicking on the appropriate link in the global navigation bar at the top of the screen.
    2. We reserve the right in our sole discretion to suspend providing the Service to any Member who is in default with the terms of the Agreement. Suspended Members will have continued access to their content, however no other members or third parties may access their content. If a suspended Member has not remedied the default within thirty (30) days of the suspension, or taken other appropriate action, we reserve the right to cancel his or her membership and to pursue any other remedy legally available to us.
    3. Upon cancellation of a membership, we will keep your account in a dormant state and we will store your account data and Your Content for a period of one year. During this time may request a PDF export of your account data and Your Content formatted for your records. At no time will the actual data stored in our database be extracted. After one year following the cancellation, your account data and Your Content will be deleted from our servers.
  6. Limited Warranty and Limitation of Liability
    1. Although Your Content is stored on a redundant server with a Tier-1 Internet connection, protected in a secure facility with quadruple air conditioning and diesel powered backup generators, the Service is provided on an “as is”, “as available” basis and The Bauhub Incorporated expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
    2. The Bauhub Incorporated, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of The Bauhub Incorporated or our affiliates does not warrant that:
      1. the Service will meet any specific requirements;
      2. the Service will be uninterrupted, timely, secure, or error-free;
      3. the results that may be obtained from the use of the Service will be accurate or reliable;
      4. the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations;

        and
      5. any errors in the Service will be corrected.
    3. The Bauhub Incorporated, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of The Bauhub Incorporated or our affiliates, shall not 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 we have been advised of the possibility of such damages), resulting from:
      1. the use or the inability to use the Service;
      2. the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
      3. any unauthorized access to or alteration of Membership transmissions or Your Content;
      4. any price change, suspension or discontinuance of the Service;
      5. any loss of Your Content, modification to a feature or to the Service itself;
      6. any loss of Your Content subsequent to a cancellation or termination of a subscription to the Service;
      7. statements or conduct of any third party on the Service;

        or
      8. any other matter relating to the Service.
  7. Miscellaneous
    1. You acknowledge and agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    2. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    3. Our failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
    4. This Agreement constitutes the entire agreement between you and The Bauhub Incorporated and governs your use of the Service, superceding any prior agreements between you and The Bauhub Incorporated (including, but not limited to, any prior versions of this Agreement).
    5. You may not assign your rights or delegate your duties under this licence to access the Service without our prior written consent.
    6. The parties are and shall remain in all respects independent contractors. Nothing in this Agreement shall be interpreted as creating a partnership, agency, joint venture or a similar relationship or to constitute the employees of one party as employees of the other party shall have the right to make commitments of any kind for or on behalf of the other party, without the prior written consent of the other party.
    7. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
    8. In the event of any deadlock, dispute, claim, question or difference arising between the parties, the parties shall use their best efforts to settle such deadlock, dispute, claim, question or difference. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to all of the parties. Unless otherwise specifically provided for in this Agreement, if the parties are unable to reach a solution, then upon written notice by any party to the others, the deadlock, dispute, claim, question or difference shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of agreement, such arbitrator shall be appointed by a Judge of The Superior Court of Justice upon application of any of the parties. A Judge of The Superior Court of Ontario shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Toronto, Ontario or via remote video connection if agreed to by all parties. The procedure to be followed and the location of the arbitration shall be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of Arbitration Act, 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
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