CWMA Community Terms of Use (“Community TOU”)
Welcome to the CWMA Community!
These CWMA Community Terms of Use (“Community TOU”) are the terms that apply to your use of the CWMA Community. We hope that these will help ensure the community is valuable to you and serves as a platform where we can all become better together.
The Community TOU also protects the interests of all of our members, as well as our goodwill and reputation. These terms are so important that we cannot permit you to use the CWMA Community unless you agree to them. By using the CWMA Community, you are agreeing to these terms.
Every community user agrees to abide by these Community TOU and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate these Community TOU. We will enforce and ensure compliance with this Community TOU by using methods we consider to be appropriate.
We reserve the right to modify these Community TOU at any time without giving you prior notice. You can find the most recent version here. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Community TOU as modified. You agree to review the Community TOU on a regular basis and always remain in compliance.
- Definitions
“Agreement” or “Community TOU” means these CWMA Community Terms of Use and all materials referred or linked to in here.
“Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the CWMA Community, whether by us, our customers, or other users of the CWMA Community. Community Content does not include Your Content.
“Community Guidelines” means the policies applicable to users of the CWMA Community which we have published here: or another website we designate.
“CWMA Community” means the online community accessible at community.CWMA.ca.
“CWMA”, “we”, “us” or “our” means CWMA and our affiliates.
“You” or “your” means the person or entity using the CWMA Community.
“Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the CWMA Community, by you.
- Access to the CWMA Community
We will provide you access to use the CWMA Community according to the terms of this Agreement. We may use third party service providers to provide some or all elements of the CWMA Community. In order to access and use the CWMA Community, you will be required to establish a username with a third-party service provider, and you grant us the right to share the information necessary to enable your use of the CWMA Community with our third-party service providers.
You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses ‘CWMA’ as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. If you believe your access to or use of the CWMA Community has been breached, compromised, or unauthorized, notify us immediately at info@cwma.ca
- Your Conduct and Content
- Usage Guidelines. You must review and follow the Community Guidelines. We may change the Community Guidelines from time to time by updating the applicable website. Your use of the CWMA Community is subject to the Community Guidelines, which are incorporated to this Agreement by reference.
- Acceptable Use. You will use the CWMA Community for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree.
The CWMA Community is meant for industry discussion, so you may not disclose or solicit anyone’s private information or disclose confidential information. Upon our consent, certain users may be permitted to include a link as part of their signature information, which another user may click to leave the CWMA Community and obtain or share additional information. If you share your information by following one of these links, then you grant us the right to further share your information with trusted partners so that they may contact you about inbound marketing or sales service offerings.
You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the CWMA Community Content. In addition, and without limiting the other requirements in this Community TOU, you may not (directly or indirectly) use the CWMA Community with content, or in a manner that:
- is in violation of this Agreement;
- is confidential, proprietary or discloses Sensitive Information;
- discloses or solicits the private information of any person;
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the CWMA Community from using and enjoying our website and/or the CWMA product;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- attempts to gain unauthorized access to the CWMA Community, or access the CWMA Community by any means other than through the interface that we provide to you;
- Suspension and Notice of Violations. We may immediately suspend use of the CWMA Community, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content). If you know of usage that is in violation of this Agreement, please let us know by contacting us at community@CWMA.com, and following the process for claims of copyright infringement described below.
- Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights
- Our Use of Your Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the CWMA Community. We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You also grant us the rights to re-use Your Content to market and promote CWMA, such as on our website, in public or private presentations, press releases and interviews, or in connection with our sales and marketing and other publicity efforts. We will endeavor to work with you before re-using Your Content.
6. Privacy
Your use of the CWMA Community is subject to CWMA’s Privacy Policy, available at https://cwma.ca/cwma-privacy-statement/
7. Term and Termination
Term. This Agreement will apply for as long as you use or maintain a username for the CWMA Community.
Termination and Suspension. We may terminate this Agreement and/or suspend your access to the CWMA Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the CWMA Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the CWMA Community after termination. Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated, if you have one.
8. Indemnification
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the CWMA Community, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
9. Disclaimers; Limitations of Liability
Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE CWMA PRODUCTS OR SERVICES, THE CWMA COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE CWMA COMMUNITY IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE CWMA COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CWMA COMMUNITY AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.
Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE CWMA COMMUNITY TO YOU.
10. General
Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at https://cwma.ca/cwma-community-pages-terms-of-reference/
The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the CWMA Community.
- Applicable Law. This Agreement shall be governed by the laws of the Province of British Columbia, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the Province of British Columbia.
- Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt. To CWMA, Suite 109 – 1834C Oak Bay Avenue
Victoria,British Columbia, Canada
V8R 0A4
- Community Guidelines. We may change the Community Guidelines from time to time by updating our website.
