Tarion Warranty Corporation - Builder Portal Registration

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Builder Portal Registration


	* Indicates required field
* First Name:
* Last Name:
*Vendor/Builder Name:
*Vendor/Builder #:
Umbrella Name:	(Group of all Affiliated Vendor/Builders)
* Address:
Apt. / Suite:
* City:
* Province:
* Postal Code:
Telephone:
* Email Address:


Tarion Builder Portal User Agreement
Please read the following. To accept the terms and proceed with registration, check the box below and click the "I Agree" button.
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Tarion Warranty Corporation Use Agreement for Builder Portal PREAMBLE 1. Tarion Warranty Corporation (“Tarion”) owns and operates a separate branch of its website http://www.tarion.com/BuilderPortal/ (the “Builder Portal”), which includes all associated electronic pages that collectively comprise it, including, without limitation, text, image, data, computer software and code, and all materials and tools displayed or made available through the Builder Portal (collectively, the “Content”). 2. The Builder Portal provides vendors and builders with information regarding Tarion’s records of their new home construction activities and the statutory warranty-related activities of their homeowners (the “Building Activities”). 3. Vendors and builders desire to use the Builder Portal to access information concerning their Building Activities. PART A: Identification of User Single Vendor Builder The vendor and/or builder identified above in the registration page is a vendor and/or builder of new homes, operating in the Province of Ontario, registered with Tarion and holding the vendor/builder number identified above in the registration page (hereafter “Vendor/Builder”). In consideration of permission to use the Builder Portal and other good and valuable consideration, receipt of which is now acknowledged, Vendor/Builder HAS AGREED with Tarion that this Agreement shall be governed by Parts A, B and D of the present Agreement. OR Group of Affiliated Vendor/Builders The vendor and/or builder identified above in the registration page is a vendor and/or builder of new homes, operating in the Province of Ontario, registered with Tarion and holding the vendor/builder number identified above in the registration page (hereafter “Vendor/Builder”). The umbrella group identified above in the registration page constitutes a group of affiliated vendors and/or builders of new homes, operating in the Province of Ontario, registered with Tarion (hereafter the “Umbrella Group”). In consideration of permission to use the Builder Portal and other good and valuable consideration, receipt of which is now acknowledged, the Umbrella Group HAS AGREED with Tarion that this Agreement shall be governed by Parts A, C and D of the present Agreement. PART B: Representations, Warranties and Covenants of Vendor/Builder Vendor/Builder represents, warrants and covenants that: 1. It has the necessary corporate power, authority and capacity to perform its obligations under this Agreement, and Vendor/Builder’s entry into this Agreement has been duly authorized by all necessary corporate action on behalf of the Vendor/Builder; and 2. By clicking "I Agree", this Agreement has been duly executed and delivered by Vendor/Builder and is a valid and binding obligation of Vendor/Builder enforceable against it in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency and other legislation affecting creditors’ rights generally. PART C: Representations, Warranties and Covenants of Umbrella Group Umbrella Group represents, warrants and covenants that: 1. The Vendor/Builder signing this Agreement has the necessary corporate power, authority and capacity to perform its obligations under this Agreement, and Vendor/Builder’s entry into this Agreement has been duly authorized by all necessary corporate action on behalf of the Vendor/Builder and by each of its Affiliates (as defined in this part); 2. Each member of the Umbrella Group is an Affiliate (as defined in this Part) of the Vendor/Builder signing this Agreement; and 3. By clicking "I Agree", this Agreement has been duly executed and delivered by Vendor/Builder and is a valid and binding obligation of Vendor/Builder and each of its Affiliates, as if each Affiliate had executed this Agreement on its own behalf, and is enforceable against the Vendor/Builder and each Affiliate in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency and other Legislation affecting creditors’ rights generally. For the purposes of this Agreement, “Affiliate” means an entity, registered with Tarion, that is: (1) directly or indirectly controlling or controlled by the Vendor/Builder executing this Agreement; or (2) an entity not controlled by the Vendor/Builder entering this Agreement but which has granted authority as agent, whether formally or informally, to the Vendor/Builder to enter this agreement on its behalf. For purposes of this definition, an entity shall control another entity if the first entity: (i) owns, beneficially or of record, more than fifty percent (50%) of the voting securities of the other entity; or (ii) has the ability to elect a majority of the directors of the other entity. PART D: Terms and Conditions of Portal Use For the purposes of this Part, a Vendor/Builder or an Umbrella Group shall be referred to as “Portal User”. Limited License Subject to the terms and conditions of the Agreement, the Portal User is hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Builder Portal and the Content in relation to the Portal User ’s Building Activities. The Portal User is granted the right to download, store and/or print copies of items comprising the Content for use in the Portal User’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 the Agreement, the terms of the specific license shall govern. Portal Security The Portal User shall designate one of its employees to be the Portal User’s administrator of the Builder Portal (the “Administrator”), and shall notify the designated Tarion representative (at builderportal@tarion.com) of the Administrator’s name and contact information. The Administrator may designate one or more employees of the Portal User who shall be permitted access to the Builder Portal (“Permitted Employee”). The Administrator and each Permitted Employee, if applicable, shall each be assigned a separate user ID and password by Tarion and/or the Administrator. The user ID and password shall only be valid while the Administrator and/or a Permitted Employee are employed by the Portal User. If the Administrator ceases to be an employee of the Portal User, the Portal User shall immediately appoint a new Administrator, and inform the designated Tarion representative (at builderportal@tarion.com) of the name and contact information of the new Administrator. The Portal User agrees to observe all security features on the Builder Portal and not disable or bypass any security mechanisms. The Portal User agrees that it will comply with the password selection guidelines that Tarion may issue from time to time. The Portal User shall maintain the confidentiality of its user IDs and passwords and is responsible for all activities that occur under the user IDs and passwords of an Administrator or Permitted Employee. The Portal User agrees to notify the designated Tarion representative (at builderportal@tarion.com) immediately of any unauthorized use of any user IDs or passwords assigned to its Administrator or a Permitted Employee or any other breach of security. Tarion will not be liable for any loss or damage arising from the Portal User’s failure to protect its user IDs and/or passwords or any other breach of security. 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. The Portal User acknowledges that Tarion may, in its sole discretion, monitor, review and use all evidence of the Portal User’s 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. Authentication The Portal User agrees that, by its designated and authorized Administrator and Permitted Employees accessing the Builder Portal using their user IDs and passwords, Tarion may use these user IDs and passwords as the means to authenticate identity of the Portal User and these individuals for the purposes of using the Builder Portal. Tarion is under no obligation to confirm the actual identity or authority of any party accessing and using the Builder Portal under the user IDs and passwords of the Portal User’s designated and authorized employees. Modification to 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. The Portal User agrees that Tarion shall not be liable to the Builder or any third party for any modifications, suspension or discontinuance of the Builder Portal or any part thereof. Portal Maintenance The Portal User acknowledges that the Builder Portal and any part thereof may be periodically unavailable in order to allow for maintenance. Copyright 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. Trade-marks 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. Disclaimer of Warranties 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, or the Portal User’s access to, the Builder Portal will always be uninterrupted or error-free; and/or (iii) defects or errors in the Builder Portal or the Content, be it human or computer errors, will be corrected. The Portal User acknowledges and agrees that the access to and use of the Builder Portal and the Content is provided "AS IS" and "AS AVAILABLE". Limitation of Liability 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 or arising from the Portal User’s attempts to use, misuse or rely upon, or actual use, misuse or reliance upon the Builder Portal; the Portal User’s inability to use the Builder Portal, or the use or misuse of the Portal User’s information technology arising from its attempts to use or actual use of the Builder Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The Portal User acknowledges and agrees that its access to and use of the Builder Portal and the Content is entirely at its own risk. Indemnification The Portal User shall defend, indemnify and hold Tarion, its affiliates, directors, officers, employees, agents and licensors harmless from any and all liabilities, costs and expenses related to any violation of this Agreement by a Vendor/Builder, an Administrator or Permitted Employee in connection with any use of this Builder Portal and the Contents, any violation of this Agreement or any violation of a third party’s rights. Waiver Any consent by Tarion to, or waiver of, a breach of the Agreement which the Portal User has committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. Severability The invalidity or unenforceability of any provision of the Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement. Termination Tarion may, in its sole discretion, terminate or suspend the Portal User’s right to use the Builder Portal, or any part of the Builder Portal, at any time without notice, including, without limitation, for breach of the terms and conditions of the Agreement. In the event of termination or suspension, the Portal User is no longer 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 Portal User 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 Agreement shall survive termination or suspension of this Agreement for any reason. Tarion shall not be liable to the Portal User or any other party for such termination or suspension. Entire Agreement The Agreement, 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 the Builder and Tarion relating to the Portal User’s access and use of the Builder Portal. Governing law and jurisdiction The Builder Portal is operated by Tarion within the province of Ontario, Canada. The Portal User agrees that all matters relating to its access, or use of the Builder Portal and its Content shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. The Portal User agrees and hereby submits to the exclusive and preferential jurisdiction of the courts of the province of Ontario with respect to all matters relating to the access and use of the Builder Portal and the Content by the Portal User, an Administrator or a Permitted Employee, as well as any dispute that may arise from such access and use.

I agree to the terms outlined above. Please register me.


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