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CSA Online Subscription Service Terms of Use

This is a binding agreement between the person ("You") accessing this extranet site (the "Site") and Canadian Standards Association ("CSA"). Where You are accessing the Site on behalf of a Client (defined below), then these Terms of Use bind the Client as well as You, and You represent, by accessing the Site, that You have the authority to bind the Client to this agreement.

CSA owns and operates the Site, which includes all associated web pages that collectively comprise it for the benefit of organizations that have retained CSA to provide them with products and services (“Client”). Your ability to obtain information, products and services that are available through this Site is subject to the following terms and conditions (“Terms of Use”). In order to be entitled to have access to this Site, You must be one of the following: (i) an individual who is a Client of CSA, (ii) an employee of a Client, or (iii) a person authorized to have access in order to assist a Client, whether retained by CSA or by the Client directly. If You are not one of the three foregoing persons, or if You do not agree to be bound by these Terms of Use or if You do not have such authorization, You are not permitted to have further access to the Site or to use the information, products or services offered through this Site.

CSA reserves the right to change these Terms of Use at any time upon notice. You will receive such notice by way of a “click through” document on the Site. If You do not agree with the changed Terms of Use, You will not be permitted thereafter to have access to the Site or to use the information, products or services offered through the Site and CSA will have no liability for any loss or inconvenience which may result. Your use of this Site following any changes, from time to time, in the Terms of Use constitutes Your agreement to follow and be bound by these Terms of Use as revised. For this reason, CSA recommends that You review these Terms of Use each time You use this Site. These Terms of Use were last revised on February 20, 1994.

If these Terms of Use are being made available to You for the first time, one of the following circumstances applies: either (i) You have been given a secret Username and Password or (ii) these are modified Terms of Use and You are required to accept them before being entitled to further access to the Site. In either event You will be required to “click through” these Terms of Use in order to demonstrate Your acceptance of them.

You acknowledge and agree as follows:
  1. Your Username and Password are secret. You may not disclose them to anyone whatsoever. If other persons who represent the same Client wish to have access to the Site, they may apply for their own unique Usernames and Passwords and may not utilize your Username and Password for any reason.
  2. Information on this Site is for Your convenience only. If You rely on, take or fail to take any action based on the information contained on this Site, You do so solely at Your own discretion.
  3. CSA may change, move, delete, suspend or discontinue any aspect of the Site at any time, including, but not limited to, the availability of any feature, the hours of availability or may impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability.
  4. Title to, and all other proprietary interest in, the material accessible through this Site is the property of the rightful owner of such material or CSA and full and complete title to all the material, and all related intellectual property rights is retained by the rightful owner or CSA.
  5. All software applications used on the Site are the property of CSA or its software supplier and are protected by Canadian and international copyright laws.
  6. Your license to use material or software found on the Site is subject to these Terms of Use. You may access and use the Site, including text, images or software, only during the normal course of the Site’s operations.
  7. You may download or copy the contents and other downloadable materials displayed on the Site for Your use and that of a Client only and not for any public redistribution.
  8. You may use the Site for lawful purposes only and only in accordance with these Terms of Use and (where the Site prompts You with directions) only in accordance with such directions as are communicated to You by CSA at any time and by any method of communication.
  9. You must read these Terms of Use together with any specific terms, conditions or disclaimers provided in the pages of the Site where, in the event of any conflict, such specific terms, conditions or disclaimers will govern.
  10. You shall not transmit through the Site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offence or that gives rise to civil liability or otherwise violates any law.
  11. You shall not reproduce, publish, transmit, distribute, display, modify, create derivative works from, reverse engineer, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of the Site, the Site or any software found on the Site.
  12. If the Site collects personal information about You, You consent to the collection, use and disclosure of such personal information, through this Site, in accordance with CSA’s Privacy Policy. The Privacy Policy is available at the following URL at any time: www.csagroup.org/legal
  13. Information provided to You on this Site is provided for the benefit only of the Client on whose behalf You are accessing this Site and is not for any public or private redistribution or disclosure. Such information may be confidential business or personal information of CSA or of the Client on whose behalf You are accessing the Site. If such information is confidential, then it is disclosed to You as a representative of that particular Client and on a strictly confidential basis. You are required, as a term of Your access to the Site, to keep such confidential information confidential. Such information will be deemed to be confidential unless it is publicly available through other sources.
  14. Where permitted by the Site, You authorize CSA to accept, and You (both personally and on behalf of the Client You represent) will be fully responsible (subject to paragraph 16(b) below ) for all instructions submitted to CSA through this Site by any person using Your Username and Password. CSA may rely on such instructions given by anyone using your Username and Password as if You had personally given them signed and in writing, whether such instructions are made by You, or any other person acting with or without Your knowledge or consent. You and the Client you represent agree to indemnify CSA for any losses, damages, claims and costs CSA may suffer as a result of following such instructions. CSA may, at its option, decline to act, or delay acting upon, any instruction provided through this Site and will not incur any liability by reason of acting or failing to act in respect of any such instruction.
  15. CSA may maintain a database of Your instructions and such records may be used as evidence with respect to any dispute, including any legal proceeding, of Your instructions. You agree that computer-generated or electronic records received or created by CSA in connection with Your use of this Site shall be admissible in a court of law, and You waive any defence that You may otherwise have as to their admissibility.
  16. You will:
    • observe all security features on the Site and not disable or bypass any security devices;
    • be responsible for any use of Your Username by You or any third party other than authorized CSA personnel;
    • keep Your Username and Password private and not share them with anyone other than authorized CSA personnel;
    • report to CSA immediately if You know or suspect that Your Username or Password has been stolen or otherwise compromised; and
    • notify CSA in the event of any unauthorized use of this Site by anyone using Your Username and Password.
  17. You acknowledge that CSA may, in its sole discretion, monitor, review and use all evidence of Your use of the Site, together with information relating to such use, such as identification of sources and recipients of information, usage frequency and content of transmissions.
  18. Disclaimers
    • CSA is not responsible in any manner for content found on other Web sites that are linked to this Site by hyperlinks and no endorsement of any products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site. Your use of any such other Web sites is entirely at Your risk.
    • While CSA will make every reasonable effort to provide You with access to information available through this Site, the information and materials contained in this Site, including text, graphics, links or other items are provided “as is” and “as available”. To the fullest extent permissible by applicable law, CSA does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to warranties of non-infringement of third party rights, operation, completeness, accuracy, reliability, merchantability or merchantable quality, fitness for a particular purpose and freedom from computer virus, is given in conjunction with Your use of this Site.
  19. Limitation of Liability
    • CSA AND, AS THE CASE MAY BE, ITS DIRECTORS, OFFICERS EMPLOYEES, AGENTS, SUBCONTRACTORS AND OTHER REPRESEN?TATIVES, WILL NOT BE RESPONSIBLE OR IN ANY MANNER LIABLE TO YOU OR THE CLIENT YOU REPRESENT OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, PENALTIES AND EXPENSES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT CSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH OR ARISING OUT OF YOUR USE (OR THE USE ON BEHALF OF THE CLIENT WHOM YOU REPRESENT OR BY SOMEONE USING YOUR USERNAME AND PASSWORD) OF THIS SITE, OR ANY REPRODUCTION OF THIS SITE, WHETHER AUTHORIZED OR NOT. BY ACCESSING THIS SITE, YOU RELEASE CSA AND, AS THE CASE MAY BE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRAC?TORS AND OTHER REPRESENTATIVES FROM ALL CLAIMS AND PROCEEDINGS FOR ALL SUCH LOSSES, DAMAGES OR CONSEQUENCES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE.
  20. You shall indemnify, defend and hold harmless CSA and, as the case may be, its partners, employees, agents, subcontractors or other representatives from and against any liability, loss, damage, or expense arising out of or in connection with any and all claims, actions or proceedings arising from or related to the use of the Site by anyone using your Username and Password (other than a CSA employee).
  21. These Terms of Use shall be governed, construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada and You, both personally and on behalf of the Client whom You represent, submit to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this Site.
  22. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deemed deleted from these Terms of Use. The remaining provisions of these Terms of Use shall continue in full force and effect.
  23. These Terms of Use constitute the entire agreement between You (both personally and on behalf of the Client You represent) and CSA relating to Your access and use of the Site and its contents.
  24. If You approve, allow or arrange for access to this Site by any other person You are responsible for that other person’s access to the Site and for granting such access on behalf of the Client.