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Terms of Use

Condition of Site Use - services.aecdaily.com

Last Updated July 2022.

AEC Daily Corporation (hereinafter referred to as "us", "we" and/or "AEC Daily") welcomes you to https://services.aecdaily.com (the "Website"). By accessing and/or using this Website, you agree to all of the terms and conditions below.

Amendments

AEC Daily reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.

Trade-mark, Copyright, and Intellectual Property Notices

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website constitute trade names, registered or unregistered Trade-marks or service marks (collectively, "Trade-marks") of AEC Daily or other entities. Trade-marks may be registered in the United States, Canada, and in other countries. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). The use and display of Trade-marks on this Website does not imply that a license of any kind has been granted. You agree that you will not take any actions inconsistent with AEC Daily’s ownership of, or any third party's ownership of, the Trade-marks.

The Website consists of various graphics, texts, database rights, design rights, icons, buttons, and other intellectual property that have been provided by AEC Daily and/or other entities. All such content is owned by AEC Daily and/or the applicable third party entity. For greater certainty, AEC Daily and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Website, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the "Website Content").

a. You hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit through, or to, the Website any Content that:

  • i. may, in the sole and absolute discretion of AEC Daily, degrade, tarnish or deprecate AEC Daily and/or the public image or standing in the community of AEC Daily;
  • ii. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  • iii. contains any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

b. You hereby agree that you shall not use the Website to:

  • i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website;
  • ii. use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent of an authorized executive of AEC Daily;
  • iii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • iv. make any unsolicited offers, requests, advertisements, or spam;
  • v. collect information about others without their consent; and/or
  • vi. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

c. You hereby agree that you shall not engage in prohibited or unauthorized use of the Website or of AEC Daily systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Website.

d. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity, and privacy.

Indemnification

By using the Website, you hereby agree to indemnify, defend and hold harmless AEC Daily, its subsidiaries and affiliates and each of their respective agents, employees, directors, successors, and assigns from any loss, liability, claim, demand, damage, or expense asserted by any entity relating in any way to your use of the Website, Website Content, User Content, and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement, or any other cause of action.

Notice of Infringing Content

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. To file a copyright infringement notification with us, you will need to send us a written communication.

Such written notification must be sent to:

AEC Daily Corporation
266 Elmwood Avenue
Suite 511
Buffalo, New York 14222
USA

Subject to New York State, USA Laws and Regulations

The products and services described in this Website may not be available in all jurisdictions and only constitute an offer or solicitation where permitted by law. For users who are not individuals resident in the province of Quebec, Canada, any use of this Website or purchase from this Website shall be governed by and construed in accordance with the laws of the State of New York, USA.

Privacy and Security

Without limiting the generality of these Terms of Use, your use of the Website is also subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy. By using the Website, you signify that you have read, fully understand and agree to our Privacy Policy.

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. AEC Daily does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Website. Your complete privacy, confidentiality and security cannot be guaranteed. As a result, AEC Daily shall not be responsible or liable for any harm or loss resulting from your transmission of any information to us or for any losses resulting from your use of the Website. Click here to read our privacy policy.

Information Accuracy

Information is subject to change, correction, and update at any time without prior notice. Use of this Website and/or any information thereon shall be on an "as is" basis and entirely at your own risk.

Disclaimer of Warranties and No Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

AEC DAILY CORPORATION, ITS AFFILIATED COMPANIES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, OR ANY OTHER PERSON ASSOCIATED WITH THE CREATION OF THIS WEBSITE, (THE "RELEASEES"), SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM, LOSS OR DAMAGE (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) THAT MAY ARISE IN ANY CONNECTION WITH USE OF THIS WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, THIRD PARTY, OR CONSEQUENTIAL DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT AEC DAILY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AEC DAILY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Termination

If you breach any provision of these Terms of Use you may no longer use the Website. We may, in our sole discretion, change, suspend, or terminate, temporarily or permanently, the Website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Website is terminated by us for any reason, the agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything relating to or arising from such use. If you are dissatisfied with the Website or with these Terms of Use or our Privacy Policy, then your sole and exclusive remedy is to discontinue using the Website. The Disclaimer of Warranties and No Liability, Trade-mark, Copyright and Intellectual Property Notices and Indemnification provisions in this Agreement shall survive any termination of this Agreement.

Complaint Procedures

At AEC Daily, we value you as a customer and your satisfaction with our services is important to us. Therefore, if you have a concern or complaint, please submit the particulars on the form below and we resolve to handle it promptly and equitably in accordance with the procedures outlined below.

Customer complaints should be reported to AEC Daily through our Website, by calling 416-657-2339 during normal business hours, by faxing them to us at 289-819-9184 or by submitting them in writing and mailing to:

AEC Daily Corporation
266 Elmwood Avenue
Suite 511
Buffalo, New York 14222
USA

We attempt to resolve any complaint as soon as possible. If the complaint is submitted electronically to us or made in writing, we will acknowledge receipt of your claim and provide you with an estimation of the time required for us to evaluate, investigate and resolve your complaint.

Once we have reached a decision on your complaint, we will communicate that decision to you as well as an explanation of why the decision was reached.

If your complaint has not been resolved to your satisfaction, we will escalate your complaint for further review and resolution.

General

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website are incorporated by this reference into these Terms of Use.

The Terms of Use (which include our Privacy Policy and any other policy or content incorporated in the Website) constitute the entire agreement between you and AEC Daily and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us through our Website.