Terms & Conditions

In consideration of the opportunities provided by participation in the TEC members` site each member hereby covenants and agrees that:

DEFINITIONS

a)      Administrators: TEC Edmonton, Compuvision Systems Inc. and DevFacto Technologies Inc.

b)      Member: A corporation, government agency, individual, or other legal entity registering or registered for an account on the TEC Members Site.

c)      TEC Members Site: An internet site hosted by TEC Edmonton through which Members can receive a password protected webpage(s) with potential use in marketing Members technologies, managing projects, networking with other TEC Members and collaborating with TEC Edmonton staff. Said site being found at: https://members.tecedmonton.com/_layouts/login.aspx?ReturnUrl=/members.

1. GENERAL

1.1    The TEC Members Site shall be administered by TEC Edmonton, Compuvision Systems Inc., and DevFacto Technologies Inc. ("Administrators").

1.2     Members will post content to the site and exchange information at their sole discretion.

2. MEMBERS RIGHTS AND OBLIGATIONS

2.1    Members shall use the site for the intended purpose and in good faith. Each Member covenants that material posted to the website shall be appropriate to the purpose and goals of the TEC Members Site.

2.2    Where a Member causes damage to another Member through the use of the TEC Members Site the offending member will be held liable. Members agree that the Administrators bear no liability for damages caused by other Members through the use of the TEC Members Site.

2.3    Any Member who observes any problem with the site, or notices another Member not observing the terms and conditions of the site or otherwise behaving contrary to the spirit and purposes of the site, undertakes to notify the Administrators as soon as possible.

2.4    All Members agree that the Administrators shall have the power to investigate possible breaches of these terms and take appropriate action. Such actions may include, but are not limited to, denying violators access to the site, reporting activities to appropriate law enforcement authorities and taking legal action.

2.5    The Administrators retain the right to deny access to the site to any Member who does not conform to these terms and conditions.

3. CONFIDENTIALITY

3.1  The Administrators hereby affirm that, they will make all reasonable efforts to ensure that information uploaded by Members to their profile in order to create and maintain an account will be kept confidential.

3.2   The administrators retain the right to disclose information where they have a statutory or common law obligation to do so.

3.3    All Members hereby acknowledge that any information uploaded to the account is uploaded at their own risk. The administrators accept no responsibility for breaches of confidentiality resultant from Members' use of the site, other than for the purposes of creating an account.

3.4    All Members hereby acknowledge and agree that under no circumstances will the Administrators liability for any breach of confidentiality or related cause of action exceed $200 CAD in damages.

4. EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY

4.1  Nothing in these terms, including this section, 4, shall exclude or limit the Administrators' warranty or liability for losses which may not be excluded or limited by applicable law. As some jurisdictions do not allow the exclusion of certain warranties or conditions or limitation or exclusion of liabilities arising from certain losses; only the limitations which are lawful in a Member's jurisdiction will apply to that Member and the Administrator's liability will be limited to the maximum extent permitted by law.

4.2   Members expressly understand and agree that use of the services is at each Member's sole risk and that the services are provided "as is" and as available. Any material downloaded or otherwise obtained through the use of the Site is done at each Member's own discretion and risk and each Member will be solely responsible for any damage to their computer system or other device or loss of data that results from the download of any such material.

4.3   No advice or information, whether oral or written, obtained by a Member from the Administrators or through or from the TEC Members Site shall create any warranty not expressly stated in these terms. The Administrators further expressly disclaim all warranties and conditions of any kind, whether express of implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

4.4   In Particular, the Administrators, their subsidiaries and affiliates, and their licensors do not represent or warrant to Members that:

(i) use of the services will meet of their requirements,

(ii) use of the services will be uninterrupted, timely, secure or free from error,

(iii) any information obtained by a Member as a result of use of the services will be accurate or reliable, and

(iv) that defects in the operation or functionality of any software provided to Members as part of the services will be corrected.

4.5  In no event will the Administrators or their directors, employees or agents be liable to any Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from Members' use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the Administrators are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Administrators' liability to any Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Member to the Administrators for the service during the term of membership, but in no case will the Administrator's liability to any Member exceed $200. Members acknowledge that if no fees are paid to the administrators for the service, they shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the administrators, regardless of the cause of action.

4.6  Members acknowledge that certain regional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to any Member, some or all of the above disclaimers, exclusions or limitations may not apply to those Members, and those Members may have additional rights.

4.7  Subject to overall provision in paragraph 4.1 above, Members expressly understand and agree that the Administrators, their subsidiaries and affiliates, and their licensors shall not be liable to any Member for any loss or damage which may be incurred by Members, including but not limited to loss or damage as a result of:

(a) Any reliance placed by a Member on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Members and any advertiser or sponsor whose advertising appears on the services.

(b) Any changes which the Administrators may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services).

(c) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through any Member's use of the services.

(d) Any Member's failure to provide the administrators with accurate account information.

(e) Any Member's failure to keep their password or account details secure and confidential.

4.8  The limitations on the administrators' liability to Members in paragraph 4.7 above shall apply whether or not the administrators have been advised of or should have been aware of the possibility of any such losses arising.

5. ACCEPTANCE OF TERMS

By joining the TEC Members Site each Member indicates acceptance of these terms and conditions and undertakes to be bound by the terms herein.

6. AUTHORITY TO BIND

6.1  By agreeing to these terms in joining the TEC Members Site you hereby affirm that you have the authority to bind the Member as a legal entity.

6.2  Further, in agreeing to these terms and joining the TEC Members Site, you agree on behalf of yourself, the corporation and any corporate affiliates (where applicable) to be bound by all of the terms and conditions outlined herein.

7. MISCELLANEOUS

7.1  This Agreement does not create any agency or partnership relationship.

7.2  All additions or modifications to this Agreement must be made in writing and must be signed by both parties.

7.3  This Agreement is made under, and shall be construed according to, the laws of the Province of Alberta, Canada.

7.4  These terms and conditions constitute the entirety of the agreement between the Administrators and Members
with respect to the use and operation of the TEC Members Site.

8. CONTACT

8.1  Representatives of the Administrators may be contacted with any questions or concerns regarding the operation of the site and these terms and conditions. As of July 20, 2009, those representatives are:

a) TEC Edmonton :
Nadia Andersen
Communications and Marketing Manager
4000, 10230 Jasper Avenue
Edmonton, AB T5J 4P6
Tel: 780-492-1865.
Fax: 780-492-7876
nadia.andersen@tecedmonton.com

b) Compuvision Systems Inc.:
Nathan McAuley
Technical Account Manager
Tel: 780-732-4172.
Fax: 780-415-5092
nathanm@compuvision.biz

c) DevFacto Technologies Inc.:
David Cronin, Partner
Tel: 780-722-2155.
Fax: 780-665-7406
david.cronin@devfacto.com