These terms are a legal agreement between Pro-jekts Advertising Inc. ("we" or "us") and you. You should read all the terms before indicating acceptance. These terms apply to the Pro-Jekts™ online platform, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using the service and software, you accept these terms. If you do not accept them, do not use the services. You are bound by these terms even if you do not read all the terms.
- "Customer" means a user who posts projects through the Online Services;
- "Online Services" means the Pro-Jekts™ online platform for providing information about local area Vendors. The term "Online Services" specifically includes any new features and tools that we may introduce from time to time under these terms, together with any content that we have uploaded or input. The term "Online Services" specifically excludes all User Content and Personal Data;
- "Personal Data" means all personal information about an identifiable individual input by users (but excluding business contact information);
- "User Content" means other data (other than Personal Data) that users may generate through use of the Online Services, including Vendor listings, business information, comments, reviews, or other content that the Online Services permits users to generate;
- "users", "you" and "your" refer to any users of the Online Services;
- "Vendor" means a vendor, retailer or service provider, including trades, contractors, construction or renovation service providers.
- Your Access: Some areas of the Pro-Jekts™ website are accessible without an account. If you access areas of the site without an account, you are still bound by these terms. To access and use certain tools and features of the Online Services, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.
- Fees: Certain additional or enhanced features of the Online Services can be accessed by registering and paying certain fees to us. Any access, subscription or transaction fees are identified before payment, and payable as set forth in the payment page.
*All subscription services are non-refundable.
*If choosing to pay for any services by credit card through the website, these transactions are non-refundable.
- Refund Policy: All subscription services are non-refundable. If choosing to pay for any services by credit card through the website, these transactions are non-refundable. For further information or disputes, please contact our offices.
- Grant of License: You have a license from us to access and use the Online Services for the purposes contemplated by the Online Services. By entering into this agreement, you grant to us a nonexclusive right and license to host, publish and retain archived back-ups of User Content and Personal Data that you input or submit to us.
- Important Information About Our Services: Depending on your account, the Online Services permit Customers and Vendors to create an account, post certain project or service information, to enable search capabilities, and to permit Customers to find Vendors and vice versa. PLEASE NOTE: Vendors are independent contractors, and not agents or employees of ours. Other than making our Online Services available, we are not involved in any transactions between Customers and Vendors or any products or services provided by Vendors to Customers.
We merely provide a platform or venue to permit users to post information and facilitate payments. You must decide whether to create an account, input Personal Data, or input User Content, and you accept all consequences of doing any of the foregoing. You must evaluate all information that you receive through the Online Services. We do not vet, confirm, pre-clear, validate or verify any Vendors or Customers. We do not exercise any control over Vendors or Customers, or the quality, validity, accuracy, safety, or legality of Vendors, or the truth or accuracy of User Content. We disclaim all express or implied warranties regarding any Vendors, Customers or User Content. You must take steps to verify the quality, validity, accuracy, safety, or legality of any Vendors, Customers or User Content.
Any disputes between Customers and Vendors must be settled between the participating users. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any use of the Online Services.
Finally, certain information provided in our FAQs briefly describes very detailed and complex processes. Questions surrounding interpretations of these various rules and regulations should always be directed at your local municipalities planning department or equivalent. Building Codes and various Land-Use/Planning/Zoning Bylaws are updated and revised from time to time. We will always do our best to keep this information up to date but hold no responsibility for the accuracy of any posted information. These FAQs are not a substitute for legal or other professional advice and cannot be used as an ‘official’ explanation of bylaws, codes or regulations presently in effect. Pro-jekts accepts no responsibility to individuals or companies relying exclusively on this information for a future project.
- Termination Rights:
- By Us: In the event you breach this agreement or any other agreement with us, we may suspend or terminate your account and your access to the Online Services. We may suspend or terminate your account in the event the account is inactive and abandoned by you.
- By You: You may terminate your account and cease use of the Online Services at any time.
- User Content: As an authorized user, you may input User Content as part of your use of the Online Services, as the Online Services permit. We claim no rights in User Content. You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) that such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards. You are responsible for all User Content that you generate, input. We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use standards.
- Terms for Vendors: Vendors who use the Online Services agree to these additional terms: We reserve the right to suspend or terminate the account, and delete the listing, of any Vendor who provides deficient or unsatisfactory services to users, or whose services or User Content do not conform to our standards and published policies, in our sole discretion.
- Terms for Customers: Customers who use the Online Services agree to these additional terms: We reserve the right to suspend or terminate the account, and delete the listing, of any Customer who breaches a payment obligation, or whose User Content does not conform to our standards and published policies, in our sole discretion.
- Acceptable Use: The Online Services may be used only for authorized purposes by users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
- post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
- threaten bodily harm, destruction of property or otherwise engage in harassment;
- transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another's privacy, or infringes another’s rights;
- transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Online Services for any purpose;
- use the output of the Online Services for any purpose other than as permitted under this agreement;
- delete or revise any portion of our Online Services;
- distribute, sell, lease, transfer, assign, trade, rent, publish or license the Online Services as a stand-alone service to others;
- engage in linking or framing of any portion of our sites;
- aggregate, scrape, harvest or duplicate any portion of our Online Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
- corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
- copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
- Intellectual Property Rights: You agree that the Online Services and all object and source-code, trade-marks, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. PRO-JEKTS is a trademark of Pro-Jekts Advertising Inc. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
- Indemnity. You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or users of your account, (b) any breach by you of any representation or warranty, (c) any transaction, contract or relationship between a Customer and Vendor, or (d) any other breach by you of this agreement or any other agreement with us.
- General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Online Services. We expressly disclaim any and all liability in connection with our Online Services. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Online Services, in terms of their correctness, accuracy, reliability, or otherwise. The content on this website could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, OUR ONLINE SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE ONLINE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT (A) THE AGGREGATE LIABILITY OF US SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE CORPORATE ENTITY UNDER WHOM YOU ACCESS THE ONLINE SERVICES, OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS GREATER; AND (B) ANY SUCH CLAIM MUST BE BROUGHT WITHIN ONE YEAR OF OCCURRENCE.
- Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.
- Downtime: The Online Services may experience temporary downtime as we perform routine maintenance or updates.
- Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
- Changes: Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect 15 days after posting on our site(s). Continued use of the Online Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Online Services, in whole or in part, at our sole discretion, at any time, without notice.
- Survival: All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement's expiry or termination for any reason. The following terms shall survive the termination of this agreement: 6, 9, 12, 14, 15, 16, 17.
- Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Online Services. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.
- Contact: You may contact us at Pro-jekts Advertising Inc. 2402 403 Mackenzie Way SE, Airdrie, AB T4B 0V7