Terms & Conditions
Last Modified: August 2019
Please read this agreement carefully before accessing or using this site. In consideration for permitting you access to our website and online service, you agree as follows:
These terms and conditions (the "Terms") govern your access to and use of The Enginuity Group Corp.'s, ("we", "us" or "our") website ("Website") and online SchoolQ™ service which includes the use of, among other things, Widgets and Reports. Please carefully read these Terms before using the Website and Service.
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.
BY USING OUR WEBSITE AND SERVICE, YOU, THE USER (HEREIN "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT (1) YOU ARE OF THE AGE OF MAJORITY; AND (2) YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US IMMEDIATELY.
IF YOU ARE USING THE WEBSITE AND SERVICE ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.
For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an express agreement between you and The Enginuity Group Corp.
AS OUR WEBSITE AND SERVICES CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE.
About Our Website and Service
We own and operate, in conjunction with our contractors, the SchoolQ™ Website and related Service. The SchoolQ™ platform is created specifically for the school, neighbourhood and real estate research market. We have compiled and curated data supplied by governments and licensed from private parties to make the data more accessible and useful by connecting it to residential and commercial real estate addresses and neighbourhoods across Canada and the United States.
Information On Our Website Disclaimer
DISCLAIMERS ABOUT THE RISKS OF USING THE INFORMATION ON OUR WEBSITE AND SERVICE ARE POSTED ON THE WEBSITE AND IMPRINTED ON REPORTS CREATED FROM WITHIN THE WEBSITE. YOU AGREE NOT TO REMOVE THE DISCLAIMERS.
YOU FURTHER AGREE THAT YOU ARE BOUND BY THESE TERMS IF YOU WISH TO RECEIVE THE INFORMATION. WHILE THE DISCLAIMER(S) ARE SUBJECT TO CHANGE, AT PRESENT, THEY READ:
DISCLAIMER: BY ACCESSING THIS INFORMATION YOU HAVE AGREED TO OUR TERMS OF SERVICE, WHICH ARE HEREBY INCORPORATED BY REFERENCE. THIS INFORMATION MAY CONTAIN ERRORS AND OMISSIONS. YOU ARE NOT PERMITTED TO RELY ON THE CONTENTS OF THIS INFORMATION AND MUST TAKE STEPS TO INDEPENDENTLY VERIFY ITS CONTENTS WITH THE APPROPRIATE AUTHORITIES (SCHOOL BOARDS, GOVERNMENTS, ETC.). AS A RECIPIENT OF THIS INFORMATION, YOU AGREE NOT TO HOLD US, THE SALES REPRESENTATIVES (AGENTS) AND BROKERS, EMPLOYEES, CONTRACTORS, ASSOCIATES, LICENSORS OR THE OWNERS OF THE INFORMATION LIABLE FOR ANY DAMAGES, HOWSOEVER CAUSED.
Proprietary Rights Notices
All contents of the Website, Widget, Reports and Service are Copyright © The Enginuity Group Corp. and/or our independent providers of content ("ICPs") with all rights reserved. To access the source of the open government data you are required to contact the respective municipal, provincial, state, federal or international government agency.
- You may only use our Website and collect information on our Website for lawful purposes. You may not use our Website, Widgets, Reports or Service:
- In any way that breaches any applicable local, national or international law or regulation;
- To modify, reverse engineer, decompile or disassemble the Website or Service or take any measures to damage or replicate them;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam);
- To knowingly transmit any data, send, submit or upload any material that contains false information, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or cause damage to our Website, Service or our hardware, including our servers
You further agree not to copy, aggregate, database scrape or use in any fashion our copyrighted content, images and marks without our express prior written approval. You also agree not to aggregate, database scrape or use in any fashion information or datasets provided to us under the above referenced licenses.
Whether or not affiliated with sites that may be linked to our site (or host our Widget), we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We provide links and references to material on other websites not owned or operated by us. Links found on our Website, Widget, Reports and Online Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
ACCEPTANCE OF RISK
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DATA OR GRAPHICS PUBLISHED ON OUR WEBSITE, WIDGET, REPORTS AND SERVICE AS UPDATED FROM TIME TO TIME. EVERYTHING ON OUR WEBSITE, WIDGET AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE DATA DISPLAYED ON THE WEBSITE, WIDGET, REPORTS AND SERVICE IS DERIVED FROM A VARIETY OF SOURCES, HISTORIC AND CURRENT. YOU AGREE THAT, WHILE WE STRIVE TO BRING YOU ACCURATE INFORMATION, WE DO NOT GUARANTEE THE ACCURACY, CURRENCY OR COMPLETENESS OF THE DATASETS AND OTHER INFORMATION POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH OUR ONLINE SERVICE, WIDGET, REPORTS OR OTHERWISE. YOU ARE NOT PERMITTED TO RELY ON THE CONTENTS OF ANY INFORMATION ON OUR WEBSITE, WIDGET, REPORTS OR SERVICE AND MUST TAKE STEPS TO INDEPENDENTLY VERIFY ITS CONTENTS WITH THE APPROPRIATE AUTHORITIES (SCHOOL BOARDS, GOVERNMENTS, ETC.).
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
For the SchoolQ Challenge, SchoolQ allows you to upload content, including photos, copy, and other information. Anything that you upload onto the SchoolQ Challenge form is referred to as "User Content". All information, data, text, photographs, video, messages, or other materials uploaded, posted or transmitted on the Site, whether publicly uploaded or posted or privately transmitted, is the sole responsibility of the person from whom such content originated.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, WIDGET AND SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE, WIDGET, REPORTS OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEDING TWO (2) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE, WIDGET, REPORTS OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
YOU AGREE TO INDEMNIFY US FOR ANY AND ALL CLAIMS BROUGHT AGAINST US BY YOUR CLIENTS OR THIRD PARTIES TO WHOM YOU OR A WEBSITE YOU CONTROL, SUPPLIES ANY INFORMATION, DATA, ETC. OBTAINED FROM OUR WEBSITE, WIDGET, REPORTS, SERVICE OR AN API CLIENT. THIS INDEMNIFICATION INCLUDES THE COST OF DEFENDING ANY LEGAL PROCEEDINGS AND ANY DAMAGES PAYABLE WHETHER BY SETTLEMENT OR JUDGMENT.
WE SHALL HAVE SOLE CONTROL OF THE DEFENCE TO ANY LEGAL PROCEEDING COMMENCED UNDER THE ABOVE PROVISION. HOWEVER, YOU SHALL NOT BE OBLIGATED TO INDEMNIFY US UNDER ANY SETTLEMENT MADE WITHOUT YOUR CONSENT, UNLESS YOU HAVE FAILED TO PAY THE ONGOING EXPENSES ASSOCIATED WITH DEFENDING THE PROCEEDINGS ON A MONTHLY BASIS.
Law of the Contract, Jurisdiction and Interpretation
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you or any third party brings to enforce this agreement or, in connection with any matters related to the Website, Widget, Reports or Service, shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of The Enginuity Group Corp.
You waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. You further waive any right to a trial by jury, should such a right exist in relation to any legal dispute connected to or in any way arising out of these Terms.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Though we would much rather you stay, you can stop using our Service at any time. We reserve the right to suspend your access to our Website, Widget, Reports and Service at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others' use. Your suspension or termination of your access to our Website, Widget and Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, settling disputes (including the jurisdiction and choice of law) shall remain binding.