You are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Builder Portal and the Content only in relation to the Vendor/Builder’s Building Activities.  You, on behalf of the Vendor/Builder, may download, store and/or print copies of items comprising the Content for use in the Vendor/Builder’s Building Activities, subject to the copyright provision below. In the event of a conflict between the terms of a license governing specific Content and these Terms of Use, the terms of the specific license shall govern.

You will observe all security features on the Builder Portal and not disable or bypass any security mechanisms as well as comply with the password selection guidelines that Tarion may issue from time to time.

You shall maintain or ensure the confidentiality of the user IDs and passwords provided to, or generated by, you and will be responsible for all activities that occur under such user ID(s) and password(s).  You will notify the designated Tarion representative (at builderportal@tarion.com) immediately of any unauthorized use of your user IDs or passwords or any other breach of security.  Tarion will not be liable for any loss or damage arising from any failure to protect user IDs and/or passwords or any other breach of security in connection with this Builder Portal.

Unauthorized attempts to defeat or circumvent security features, to use the Builder Portal or any other Tarion system for other than intended purposes, to obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation are not permitted and may result in a loss of access to the Builder Portal.  Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada or such other jurisdictions as may apply.

You acknowledge that Tarion may, in its sole discretion, monitor, review and use all evidence of your use of the Builder Portal, together with information relating to such use, such as identification of sources and recipients of information, usage frequency and content of transmissions.

Tarion may use your user IDs and passwords as the means to authenticate your identity for the purposes of using the Builder Portal.  Tarion is under no obligation to confirm your actual identity or authority to access and use the Builder Portal.

Tarion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Builder Portal (or any part thereof) with or without written notice.  Tarion shall not be liable to you, the Vendor/Builder or any third party for any modifications, suspension or discontinuance of the Builder Portal or any part thereof.

The Builder Portal and any part thereof may be periodically unavailable in order to allow for maintenance.

The Content provided through the Builder Portal is protected by copyright and other intellectual property laws and is owned by Tarion and its licensors, or, where applicable, the party accredited as the provider of the Content.  Except as granted in the limited license herein, any use of the Builder Portal or the Content, including modification, production, reproduction, transmission, publication, distribution, republication, or other exploitation of the Builder Portal or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Tarion.

Certain names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Builder Portal may constitute registered or unregistered trade-marks of Tarion or third parties. Where certain trade-marks of third parties may be used by Tarion under license, the display of third party trade-marks on the Builder Portal should not be taken to imply any relationship or license between Tarion and the owner of the trade-mark or to imply that Tarion endorses the wares, services or business of the owner of the said trade-mark.

For your convenience, Tarion may provide links to web sites that are owned or operated by third parties.  Such sites are independent from Tarion and Tarion has no control over the content of such third-party sites.  A link to a third-party’s site does not imply that Tarion endorses the site, approves the contents of the site or guarantees the accuracy or timeliness of such third-party information.  It is your responsibility to ensure that you review the terms and conditions applicable to such third-party site before using it. 

Tarion’s Privacy Statement, which can be accessed at http://www.tarion.com/BuilderPortal/ will provide you with further information as to Tarion’s collection, use and disclosure of personal information and forms part of these Terms of Use.

Tarion attempts to provide Content that is correct, accurate, current and timely. Tarion cannot, however, and does not represent, warrant or covenant that (i) the Content available through the Builder Portal will always be accurate, complete, current, or timely; (ii) the operation of the Builder Portal will always be uninterrupted or error-free; (iii) defects or errors in the Builder Portal or the Content, be it human or computer errors, will be corrected; and/or  (iv) there will be no accidental or unlawful modification,  disclosure or destruction of the Content or unauthorized  access to the Content or other information on the Builder Portal by reason of inappropriate information technology security deployed by a Vendor/Builder. The Builder Portal and the Content is provided "AS IS" and "AS AVAILABLE".

In no event shall Tarion, its officers, employees, agents, suppliers, and their respective successors and assigns, be liable for any direct, special, indirect, punitive, incidental or consequential or other damages or other amounts incurred in connection with any use, misuse or reliance upon the Builder Portal, the Content or any inability to use the Builder Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.

Your access to and use of the Builder Portal and the Content is entirely at your own risk.

Tarion may, in its sole discretion, terminate or suspend your right to use the Builder Portal, or any part of the Builder Portal, at any time without notice, including, without limitation, for breach of these Terms of Use or the Use Agreement.  In the event of termination or suspension, you may no longer be authorized to access, view or use the Builder Portal, or the part of the Builder Portal affected by such termination or suspension.  The restrictions imposed on the Vendor/Builder with respect to information or materials viewed and/or downloaded from the Builder Portal, the disclaimers and the limitations of liabilities set forth in the Use Agreement shall survive termination or suspension of your right of access for any reason.  Tarion shall not be liable to the Vendor/Builder or any other party for such termination or suspension.

The Terms of Use, the terms and conditions governing the use of the public sections of Tarion’s website and Tarion’s Privacy Statement http://www.tarion.com/BuilderPortal/ comprise the entire agreement between you and Tarion relating to your access and use of the Builder Portal.

The Builder Portal is operated by Tarion within the province of Ontario, Canada.  These terms of use will be governed by the laws of the province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law.  In the event of a dispute, you agree to the non-exclusive jurisdiction of the Ontario courts.