Condition of Site Use

Last Updated March 2021

AEC Daily Corporation, together with its subsidiaries and affiliates (hereinafter referred to as “us“, “we” and/or “AEC Daily“) welcomes you to https://www.aecdaily.com (the “Website“). By accessing and/or using this Website, you agree to all of the terms and conditions below. Please read them carefully. If you do not agree to the conditions set out in these Terms of Use, you cannot access or use this Website. Use of the Website is limited to persons who have reached the legal age of majority in their jurisdiction of residence.

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. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Website, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

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 not owned by AEC Daily are the property of their respective owners. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner, is strictly prohibited. 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 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 (e.g. course providers). 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“). 2001-2018. AEC Daily Corporation. All rights reserved. Except for making a hard copy for personal use or if otherwise specified by Fthese terms, the Website, or a separate agreement you have with AEC Daily, no one has permission to copy, retransmit, redistribute, reproduce or republish any part or aspect of this Website in any form, or any information found at this Website, whatsoever without prior written permission from AEC Daily. Your use of the Website does not grant or transfer to you any ownership or other rights in the Website Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of AEC Daily or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Website Content in any manner whatsoever. For greater certainty, you agree that you will not take any action that is inconsistent with AEC Daily ownership of the Website and/or AEC Daily ownership of, or any third party’s ownership of, any Website Content.

User Submissions and Code of Conduct

Certain features and/or portions of this Website may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content“). This may include portions of the Website that allow a learner and an instructor to interact over a video chat system.

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 User 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. is deemed, in the sole and absolute discretion of AEC Daily, to be defamatory, trade libelous, pornographic or obscene;
• iii. is deemed, in the sole and absolute discretion of AEC Daily, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or encourages any illegal, inappropriate or risky behaviour or conduct; personal information of other individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic) without the consent of those individuals; commercial messages, comparisons or solicitations for products or services other than products of AEC Daily; any identifiable third party products, trade-marks, brands and/or logos, other than those of AEC Daily, without the consent of such third party; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by AEC Daily in its sole and absolute discretion;
• iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
• v. is in any way disparaging, or might be seen to be disparaging, to AEC Daily;
• vi. 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;
• vii. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• viii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials.

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.

e. By using the Website and providing User Content, you hereby: (i) grant to AEC Daily a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website. For greater certainty, this means that, among other things, AEC Daily has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

f. By using the Website and providing User Content, you hereby acknowledge, agree, warrant and represent to AEC Daily that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Website:

• i. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Website; and
• ii. does not violate any law; and
• iii. complies with these Terms of Use.

Without limiting the foregoing, you agree to comply with the above requirements with respect to any use you make of any video chat functionality available on the Website. You understand and agree that if you use a video chat system, anything within the range of view of the camera you use with such system may be viewed by other participants in the video chat.

If you are an course provider/instructor you must post and abide by an appropriate privacy policy stating how you collect, use, and disclose personal information. Your privacy Policy must comply with the applicable law, and it may be provided to users who register to take a course you offer. You, and not AEC Daily, are responsible for your privacy policy, and privacy practices.

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 a written communication that contains the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material on our Website that is claimed to be infringing. Please describe the content in as much detail as possible and provide us with information reasonably sufficient to allow us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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. Nothing in this Website constitutes an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not permitted by law. You agree that your use of this Website and/or your purchases will solely occur within the State of New York, USA, and that the only law governing your use of this Website is New York law. Unless you are an individual user resident in Quebec, Canada, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New York, New York, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

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, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any software. 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

AEC Daily believes that the information contained in this Website was accurate when it was placed on the Website; however, there may sometimes be information on the Website that contains typographical errors, inaccuracies, or omissions. Information is subject to change 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.

COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE WEBSITE USERS ONLY. THE VIEWS EXPRESSED ON THE WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE.

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.

Hypertext Links Are Not Endorsements

Other third party web sites that may be accessed from this Website by hypertext links are entirely independent of this Website and shall NOT, in any manner, be construed as any reflection on, any affiliation with, or endorsement of, any such site or entity, or its respective products or services by AEC Daily. These other sites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. AEC Daily is not responsible for the privacy practices, any other practices, or the content of any site(s) owned and operated by any such third parties.

Account Creation and Customer Information

Certain features and/or portions of this Website are password-protected and require you to complete a registration process in order to obtain access and/or participate. You agree that all information you provide to AEC Daily in any connection with this Website is true, accurate and complete in all ways and you acknowledge that AEC Daily relies on that information to provide you with information and/or products. You agree to updates such information if it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Website, or any such features of the Website. It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.

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.

1. Customer complaints should be reported to AEC DAILY through our Website, by calling 416-657-2339 during normal business hours, by faxing it to us at 289-819-9184 or by submitting it in writing and mailing to:
   AEC Daily Corporation
   266 Elmwood Avenue , Suite 511
   Buffalo, New York 14222
   USA
2. While we attempt to resolve the complaint as soon as possible, sometimes this is not always possible. Therefore, 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.
3. 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.
4. We will also follow-up with you afterwards to verify whether or not the matter has been resolved satisfactorily.
5. 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 Services 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.