Information Being Collected
Facilities Management of Canada (FMC) Inc. website consists of the material provided under the fmcanadainc.com domain and subdomains and social media sites (e.g. http://www.facebook.com/myfmcservices) hereinafter referred to collectively as the “Site”. All material provided on the Site is intended for informational purposes only and should not be used to replace either legal documents (except where the material on the Site is explicitly identified as comprising the official version of a document), nor the advice of a qualified professional. By accessing, browsing, subscribing to or otherwise using the Site, you agree to comply with the terms and conditions in this agreement, as amended from time to time.
SecurityAny information sent or received over the internet is generally not secure. FMC does not guarantee the security of any communication to or from the Site. You may be issued a user name and password (collectively, your "account") in order to access certain sections of the Site and/or certain products and services available through the Site (the "Products" and "Services" respectively). You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account. You agree to: (a) immediately notify FMC of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FMC will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
Ownership of the Site ContentExcept for public domain material, all content and material on and/or forming part of the Site from time to time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by FMC or its licensors. All rights not expressly granted to you in this Agreement are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by FMC, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Prohibited ConductExcept as expressly provided herein, the Site and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of FMC. Prohibited conduct includes, without limitation:
- modifying, reverse engineering, decompiling, disassembling the Site, the Content or any part thereof;
- renting, leasing, sublicensing or transferring any rights in the Site or the Content;
- removing any proprietary notices or labels on the Site or the Content;
- using the Site and/or Services to breach any applicable law, including, without limitation, privacy and anti-spam laws;
- violating, plagiarizing or infringing on the rights of FMC or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- any unauthorized use of the Content (including use on any other website or networked computer environment), and engaging in any conduct which FMC, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the Site or FMC’s computer systems.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
(a) No Warranties The Site, the content and products and services are provided on “as is” and “as available” basis and without warranties of any kind either express or implied. To the maximum extent permissible under law, FMC disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance. FMC does not warrant that the Site or any products and services will be uninterrupted or error-free, that defects will corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. FMC does not warrant the accuracy, completeness, timeless, or usefulness of any opinions, advice, services, merchandise or other information provided through the service or on the internet generally. In no event will FMC be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the service or on the Site.
(b) Linked Sites FMC shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Site (“Linked Sites”). Access to Linked Sites is at your own risk and FMC is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. FMC provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by FMC.
Limitation of Liability
You agree that FMC and its Board of Directors, officers, employees, representatives, agents, licensors and licensees shall not be liable to you for any damages of any kind arising from your use or inability to use the Site, any Products or Services or any Linked Sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. In no event shall FMC’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed any amounts paid by you to FMC to access the Site in the month immediately preceding the event giving rise to such liability.
You agree to indemnify, defend and hold harmless FMC and its Board of Directors, officers, employees, representatives, agents, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. FMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by FMC.
FMC may, in its sole discretion, terminate or suspend your access to all or part of the Site, the Content and/or any Products or Services for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using the Site or any Service. Transmission of such material shall constitute a material breach of this Agreement. FMC does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by FMC or the administrators of the Site, in their sole discretion. Users remain solely responsible for the content of their submissions.
By submitting content to any area of the Site, you grant FMC and its affiliates a royalty‑free perpetual, irrevocable, transferable, non‑exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of the Site to access, display, view, store and reproduce such content for personal use.
Access to the Site, the Content and the Products and Services is not permitted where prohibited by law. If you choose to access this Site and/or use the Products and/or Services, you do so on your own initiative and are responsible for compliance with applicable laws.
This Agreement and your use of the Site shall be governed and construed by the laws of the Province of Ontario applicable therein notwithstanding your domicile, residency or physical location. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the Province of Ontario. You agree not to bring any legal action against FMC in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and FMC in connection with your use of the Site. Any failure to insist upon or enforce strict performance of any provisions of this Agreement is not to be construed as a waiver of any provision or right. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and FMC other than that of independent contractors.