Terms of Service
TERMS AND CONDITIONS OF USE
LAST UPDATE: September 6th 2023
DEFINITIONS
“Account Information” means Your personal information, including name, email, contact information, accreditation information, passwords, usernames and/or other log-in or registration information;
“Agreement” means the terms and conditions between MBG and You set forth in this document and the Subscription;
“Amendments” means any and all updates, amendments, contractions, expansions and/or revisions to this Agreement;
“Area” means the applicable region, neighborhood, town, City, Province or State, as the context requires, that is selected by the User;
“CASL” has the meaning given in Section 4.2 of this Agreement;
“Free Services” has the meaning given in Section 3 of this Agreement;
“Malicious Code” means viruses, worms, time bombs, Trojan horses and/or other harmful code, files, scripts, agents or programs;
“Optional Services” has the meaning given in Section 3 of this Agreement;
“Owner Builder” means an authorized person or legal entity who is a client, customer, visitor, owner, builder, user or consumer of services provided by MBG, inclusive of a consumer of the Partner Content or any other content provided by MBG;
“MBG”, “Our”, “Us” or “We” means My Build Guides Software Ltd.;
“Privacy Legislation” has the meaning given in Section 4.2 of this Agreement;
“Subscription” means the contract between the User and MBG, that is incorporated into and forms an integral part of this Agreement, which specifies the Term, license fee, Area, User’s payment information, the User’s contact information, the User’s certification, the Additional Partner Services, if any, that the User will subscribe to and any further relevant information;
“Support” means any communication between MBG and a User in relation to usage of the Partner Services;
“Tele Act” has the meaning given in Section 4.2 of this Agreement;
“Term” means the length of time that a User has committed to engage in the Partner Services;
“Partner” or “Partners” means the pre-screened trades and laborer’s, industry specialists, professionals and suppliers, whether past, present or future, that contractually agree with MBG to disclose their information as part of the Partner Content and whom have represented to MBG that they are industry and/or red seal certified or certified by other means determined at MBG’s sole discretion, as applicable;
“Partner Content” means all data, lists, text, information and/or substance in respect of the Partners as part of the Partner Services, as provided by MBG to the Owner Builders;
“Partner Services” means the Free Services and, if User subscribes for them, the Optional Services;
“User”, “You” or “Your” means an authorized person or legal entity who is a Partner, client, customer, visitor, supplier, professional, user or consumer of the Partner Services or any other content provided by MBG;
“User Information” means the information submitted by User to MBG for distribution to Owner Builders; and
“Web Application” or “Site” means the web, desktop or mobile platform through which the Partner Services are provided.
AGREEMENT
Acceptance of this Agreement. By clicking “I Agree”, accessing or using the Partner Services or any part thereof, you agree to be legally bound by this Agreement. If You are entering into this Agreement on behalf of another person or legal entity, you represent and agree that You have had the necessary authority and power to bind them into this Agreement at the time that this Agreement was accepted.
If You do not agree. If You do not agree to this Agreement, or if You do not have the right, power and authority to agree to and be bound by this Agreement, you may not use the Partner Services. Furthermore, you may not use the Partner Services and You may not accept this Agreement if You are not of a legal age or capacity to form a binding contract.
THE SERVICES
Description. Subject to availability, MBG will provide the following services at no charge to the User (the “Free Services”):
incorporating the User Information into the Partner Content for the Area and under the specific industry, sector or specialization of selected by the User; and
distributing the User Information to Owner Builders through the Web Application and Site.
At Your option and for an additional fee, MBG will also provide access to (the “Optional Services”):
standard form contracts;
accounting tool;
contact management program; and
other tools that may be provided by MBG to Partners from time to time.
Unless explicitly stated otherwise, any and all new features that augment or enhance the Partner Services, including the release of new services, will be subject to this Agreement and may require further payment, as determined at MBG’s sole discretion.
Area Limitations. MBG will limit the number of Partners in each specialization to three per Area (or such other number of Partners as MBG designates in its sole discretion). As such, the Partner Services may not be available to You.
Waitlist. MBG may, in its sole discretion, offer You to join a waitlist for one or more Areas and specializations. If You join a waitlist and a position opens up in Your Area, MBG may offer to add Your User Information to the Partner Content. If You still wish to receive the Partner Services, You must provide prompt notice of acceptance by entering into a Subscription, indicating whether or not You will purchase the Optional Services, and providing Your required Partner Content. If You do not accept Partner Services You will be removed from the waitlist.
Limitations on Use. You agree to use the Partner Services only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation or generally accepted practice in the applicable jurisdiction. For greater certainty, without limiting the generality of the foregoing, You agree to ONLY USE THE PARTNER SERVICES, INCLUSIVE OF THE PARTNER CONTENT, FOR THE YOUR SOLE AND EXCLUSIVE PERSONAL USE; PREVENT ANY OTHER PERSON, ENTITY OR COMPANY OTHER THAN THE USER TO GAIN ACCESS TO, REPLICATE OR DUPLICATE THE PARTNER SERVICES, INCLUSIVE OF THE PARTNER CONTENT, THROUGH THE USER OR THE USER’S ACCOUNT; SELL, RESELL, RENT, LEASE OR COMMERCIALIZE THE PARTNER SERVICES OR THE PARTNER CONTENT; COPY, REPUBLISH, FRAME, DOWNLOAD, TRANSMIT, MODIFY, RENT, LEASE, LOAN, SELL, ASSIGN, DISTRIBUTE, LICENSE, SUBLICENSE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS BASED ON THE SITE OR THE PARTNER SERVICES OR THEIR SELECTION AND ARRANGEMENT; AND/OR ACCESS THE PARTNER SERVICES IN ORDER TO BUILD A COMPETITIVE PRODUCT OR SERVICE.
If Your use of the Partner Services or Your acts or omissions, whether negligent, criminal or otherwise, or Your other behavior intentionally or unintentionally threatens MBG’s ability to provide the Partner Services, the Site, accurate Partner Content, other systems or any other services whatsoever, MBG will be entitled to take all reasonable steps to protect the foregoing, which may include but is not limited to the suspension of Your access to the Partner Services, removal of Your information from the Partner Content or termination of Your account pursuant to Section 13.1.
Availability of the Partner Services. The Partner Services, or any feature or part thereof, may not be available in all languages or in all Areas, cities, towns or countries and MBG makes no representation that the Partner Services, or any feature or part thereof, is appropriate or available for use in any particular location or Area. To the extent You choose to access and use the Partner Services, you do so at Your own initiative and are responsible for compliance with any and all applicable laws.
Partner Content. The User understands and agrees that MBG does not represent or warrant Your skill, ability, work, workmanship, accreditation or certification (past, ongoing or future) or otherwise to the Owner Builders or any other third party. Further the User understands and agrees that MBG’s ability to continue offering certain aspects of the Partner Services or the Partner Content is entirely dependent upon the Partners’ prompt, accurate and honest disclosure of information to MBG. IF A PARTNER CEASES TO CONDUCT BUSINESS FOR ANY REASON WHATSOEVER, OR LOSES, CHANGES OR TERMINATES ITS ACCREDITATION OR CERTIFICATION, THEN IT MUST NOTIFY MBG IMMEDIATELY. In such a case, MBG
may, but is not required to, unilaterally alter the Partner Content without prior notice to User. In each case, if such alteration is not acceptable to User, then User’s sole and exclusive remedy is to terminate this Agreement. Any such termination by the User will be without refund, credit or other compensation from MBG pursuant to Section 13.2.
ACCOUNT INFORMATION
Your Account Information. By submitting Your Account Information to MBG, you are giving MBG permission to use Your Account Information for the purpose of providing the Partner Services and the Partner Content to the Owner Builders and other third parties. By using the Partner Services, you expressly authorize MBG to access Your Account Information. You hereby authorize and permit MBG to use and store information submitted by You to accomplish the foregoing. MBG may use and store Your Account Information in accordance with this Agreement and Our Privacy Policy (https://app.mybuildguide.com/privacy-policy).
Privacy Legislation. Our collection, use and dissemination of Your Account Information inclusive of any and all personal information is governed by, in part, the federal Privacy Act, the E-Sign Act, the Office of the Privacy Commissioner of Canada, Canada’s Anti-Spam Legislation (“CASL”), the Telecommunications Act (the “Tele Act”) and the applicable legislation of the
province in which You normally reside (collectively, the “Privacy Legislation”). Where there is any ambiguity as to the terms under which We collect, use and/or disseminate Your Account Information, or a term conflict with the provisions of the Privacy Legislation, such ambiguity or conflict will be resolved by interpreting such term(s) so as to be compliant with the applicable Privacy Legislation.
COVENANTS AND AGREEMENTS
MBG’s Covenants and Agreements.
MBG will make commercially reasonable efforts to make:
Partner Services available 24 hours a day, seven days a week; and
Support available on business days, with an average response time of three business days or less for any requests received;
subject to: (i) planned downtime; (ii) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems; or (iii) periodic updating, maintenance or repair of the Partner Services and Site, or other actions that MBG, in its sole discretion, may elect to take.
User’s Covenants and Agreements. The User covenants and agrees to:
use the Partner Services in accordance with this Agreement and comply with all applicable laws when using the Partner Services and when providing work, services, product or otherwise to the Owner Builders;
maintain all Partner Services, inclusive of the Partner Content, in strict confidence for Your sole and exclusive personal use;
prevent any other person, entity or company other than You to gain access to, replicate or duplicate the Partner Services, inclusive of the Partner Content, through You or Your account, and notify MBG promptly of any such unauthorized access or use;
provide MBG with up to date, accurate and complete information in respect of Your industry certification, accreditation, standing, business, work, past client references, insurance and any and all further information requested by MBG in order to provide the Partner Services;
conduct business and all work for Owner Builders in accordance with sound business practices and to the applicable standard of care required in Your industry and circumstances;
maintain and submit all required registrations and remittances as applicable to Your business, including mandated health and safety requirements;
maintain liability insurance at Your sole expense;
keep the Subscription and Account Information up to date and accurate in order for the Partner Services to function effectively and accurately;
ensure that Your computer system is secure and employs a current anti-virus protection program, antimalware, and anti-adware; and
comply with the Partners Code of Ethics attached to this Agreement as Schedule A.
User’s Negative Covenants. The User will not:
share or distribute account passwords with anyone, including other Users;
allow any other person or entity to view the Partner Services or the Partner Content;
sell, resell, rent, lease or commercialize the Partner Services or the Partner Content;
interfere with or disrupt the integrity or performance of the Partner Services or the Partner Content data contained therein;
attempt to gain unauthorized access to the Partner Services or their related systems or networks;
misrepresent their Account Information;
use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Partner Services or Partner Content or any portion of thereof;
post or transmit any file which contains Malicious Code, or that otherwise interfere with the proper working of the Partner Services or Web Application;
attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Partner Services or Web Application;
except as expressly permitted herein, permit any third party to access the Partner Services on Your behalf;
copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or the Partner Services or their selection and arrangement; and/or
access the Partner Services in order to build a competitive product or service.
COMPATIBLE DEVICES
Access to the Partner Services. Use of the Partner Services may be available through a compatible mobile device, the internet and/or network access and may require software. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of Your agreement with Your mobile device and telecommunications provider.
MBG MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PARTNER SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE PARTNER SERVICES.
ALERTS
Online and Mobile Alerts. MBG may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to You following certain changes to Your account or information, such as a change in Your Account Information. Voluntary account alerts may be turned on by default as part of the Partner Services. They may then be customized, deactivated or reactivated by You. These alerts allow You to choose alert messages for Your accounts. MBG may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and You may be asked to select from among these options upon activation of Your alerts service.
You understand and agree that any alerts provided to You through the Partner Services may be delayed or prevented by a variety of factors. MBG may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. MBG will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
Electronic alerts will be sent to the email address You have provided as Your primary email address for the Partner Services. We may also elect to send alerts to a mobile device that accepts text messages. If Your email address or Your mobile device’s email address changes, You are responsible for informing us of that change. Changes to Your email address or mobile number will apply to all of Your alerts. Because alerts are not encrypted, we will never include Your passcode. However, alerts may include Your Login ID and some information about Your accounts. Depending upon which alerts You select, information such as an account balance or
the due date for Your credit card payment may be included. Anyone with access to Your email will be able to view the content of these alerts. You may disable alerts at any time.
All commercial electronic messages referred to herein are, where applicable, governed by CASL and the Tele Act, respectively. BY YOUR ACCEPTANCE OF THIS AGREEMENT, YOU CONFIRM THAT MBG HAS REQUESTED YOUR CONSENT AS REQUIRED TO BE IN COMPLIANCE WITH CASL AND/OR THE TELE ACT, AND YOU HAVE GIVEN YOUR CONSENT, TO RECEIVE COMMERCIAL ELECTRONIC MESSAGES AND/OR ANY OTHER COMMUNICATION.
LICENSE FEES
Prepaid Fees. All fees for Optional Services will be prepaid by the User to MBG. Three-month Terms must be paid fully in advance. One-year Terms can be paid fully in advance or in monthly installments paid at the beginning of each month. Except as otherwise specified in this Agreement, all sales are final and binding, and no refund to the User is permitted.
Modification of Fees. MBG reserves the right to modify the dollar amount of its license fees and user pricing structure at any time. Modifications to license fees are applicable at the end of a User’s Term. MBG will notify the User of a price change. If the User has not cancelled the Partner Services within the specified time after receiving notice of a price change, the User will be deemed to have elected to renew the Subscription at the price (plus all applicable taxes) indicated in the notice.
Significant Modifications. In some instances, MBG may willingly and significantly alter the Partner Services, the dollar amount for license fees and/or User pricing structure as a part of on- going operations. In such event, modifications to license fee arrangements, the Partner Services, and this Agreement may be enforceable instantly to a User. Should these changes come into effect prior to the end of a User’s Term, the User will have 15 days to cancel their Subscription and receive a refund amounting to the pro-rata remaining share of their license fees paid to date, as determined at MBG’s sole discretion. You agree that MBG reserves the sole right to deem what constitutes as a significant modification.
PRIVACY POLICY
Policy. Your Account Information and certain other information about You is subject to Our Privacy Policy. You understand that through Your use of the Partner Services, you consent to the collection and use of this information as set forth in the Privacy Policy: https://app.mybuildguide.com/privacy-policy.
PROPRIETARY RIGHTS
Our Rights. You acknowledge and agree that MBG owns all legal right, title and interest in and to the Partner Services, including but not limited to the Partner Content, Web Application, Site and all graphics, user interface, the scripts and software used to implement the Partner Services, and any and all documents or software provided to You as a part of and/or in connection with the Partner Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Partner Services or any other part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Partner Services in compliance with this Agreement. No portion of the Partner Services may be reproduced in any form or by any means, except as expressly permitted in this Agreement.
You acknowledge and agree that, in the course of performing the Partner Services, MBG may use software and related processes, instructions, methods and techniques that have been previously developed by MBG or that are developed by MBG, whether alone or with a User, and such materials will remain the sole and exclusive property of MBG. All rights in the Partner Services not expressly granted in this Agreement are reserved by MBG.
MBG will have a worldwide, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into the Partner Services, without any obligation to compensate Users in any way, any suggestions, enhancement requests, recommendations or other feedback provided by User and its agents relating to the Partner Services, Web Application and Site.
INDEMNIFICATION
Indemnification. You agree to defend, indemnify and hold harmless MBG and its officers, directors, shareholders, employees, related companies and entities and agents from and against all claims, suits, proceedings, losses, liabilities, costs and expenses, including but not limited to legal fees on a solicitor and own client basis, that arise out of or relate to, in whole or in part, or are attributable to any breach of this Agreement, Your use or inability to use the Partner Services, any activity by You in relation to the Site or Your use of the Partner Services and any and all claims or proceedings advanced by an Owner Builder or third party against MBG as a result of or arising in connection with Your work, services, product or otherwise.
MODIFICATIONS
The Partner Services. MBG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Partner Services with or without notice to You. MBG reserves the right to change the Partner Services, including applicable fees, in its sole discretion and from time to time. In such event, MBG will provide notice to You. If You do not agree to the changes after receiving notice of the change to the Partner Services, You may stop using the Partner Services and terminate Your account pursuant to Section 13.2. Your use of the Partner Services, after You are notified of any change(s) will constitute Your agreement to such change(s). You agree that MBG will not be liable to You or to any third party for any modification, suspensions or discontinuance of the Partner Services.
This Agreement. You acknowledge that this Agreement may be amended periodically by MBG, and You agree to be bound by such Amendments if You are provided with reasonable notice via email, phone, physical mail, in-app chat or the MBG homepage, whether prior to or after the Amendment. If You do not agree with an Amendment, you must immediately stop using the Partner Services and take the necessary steps to terminate Your account pursuant to Section 13.2. The latest version of this Agreement may be found at https://app.mybuildguide.com/privacy-policy, and You accept the obligation to review this Agreement and any and all future Amendments prior to each use.
TERM AND TERMINATION
Term. You may select a three month or one year term in the Subscription (the “Term”).
Renewal.
Three-month Term. Your account will automatically renew for additional three-month periods. If You subscribe for Optional Services, these will be charged at the price (plus all applicable taxes) in effect at the end of the then-current Term.
Annual Term. Your account will automatically renew for additional one-year periods. If You subscribe for Optional Services, these will be charged at the price (plus all applicable taxes) in effect at the end of the then-current Term.
In order for You to stop automatic renewal of Partner Services, you must notify MBG of Your intent to terminate by cancelling Your subscription in Your user profile at least one full month in advance of the renewal date. You must receive express confirmation from MBG that the User’s termination notice was received, or else the User’s account will automatically renew. For example, since a monthly payment for the Optional Services is due on the first day of the month, if a notice is given on March 15, it would not take effect until the last day of April and the User who subscribes for Optional Services would have to pay the applicable payment at the beginning of April.
-
Termination by MBG. MBG may terminate this Agreement:
at any time, with or without notice, effective immediately, if MBG believes that:
Your conduct fails to conform with this Agreement or the standard to which MBG conducts business; or
You misrepresented any information to MBG, whether intentionally, negligently, fraudulently or otherwise;
if You only subscribe for the Free Services, on 30 days’ prior written notice to You.
Without limiting MBG’s rights and Your limitations under this Agreement, if You use, or attempt to use the Site or the Partner Services or MBG’s proprietary materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Site or the Partner Services), You may also be subject to civil and criminal liability.
Termination by the User during Term. You may terminate this Agreement before the end of the Term on 30 days’ prior written notice to MBG. To cancel Your Partner Services and provide notice to MBG, you must cancel Your Subscription in Your User profile. There shall be no refund of pre-paid fees unless a significant modification in Partner Services has taken place pursuant to Section 8.3 and MBG determines, in its sole discretion, a refund is warranted.
GOVERNING LAW
Province of British Columbia. Each party irrevocably agrees that this Agreement and all related matters will be governed by the laws of the Province of British Columbia, being MBG’s jurisdiction of registration, and the laws of Canada applicable therein, without regard to any rules relating to conflict of laws. Each party agrees to submit to the exclusive jurisdiction of the Courts of British Columbia (Vancouver Registry) with respect to any dispute between them arising from or pertaining to this Agreement or the subject matter hereof.
DISCLAIMER OF WARRANTIES
Disclaimer. YOUR USE OF THE TRADE SERVICES AND THE SITE IS AT YOUR SOLE RISK.
MBG DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS; (II) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PARTNER SERVICES; (III) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR EMPLOYMENT BY AN OWNER; (IV) THE NUMBER OF OWNERS, IF ANY, THAT SUBSCRIBE TO MBG’S SERVICES AND RECEIVE THE PARTNER CONTENT; OR (V) THAT ACCESS TO OR USE OF THE PARTNER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
ANY RELIANCE UPON THE PARTNER SERVICES IS AT YOUR OWN RISK AND MBG MAKES NO WARRANTIES. THE PARTNER SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, REAL ESTATE, FINANCIAL, ACCOUNTING, CONSTRUCTION, BUSINESS OR OTHER PROFESSIONAL ADVICE. IT IS PROVIDED SOLELY FOR GENERAL INFORMATION PURPOSES. THE SERVICES DO NOT CONSTITUTE AN OFFER TO SELL, LEASE OR OTHERWISE ENGAGE IN A TRANSACTION.
LIMITATION OF LIABILITIES
Limitations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MBG WILL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), IN EQUITY OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL, INTANGIBLE LOSSES, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE, YOUR USE OF THE PARTNER SERVICES, YOUR INCLUSION IN THE PARTNER CONTENT, THIS AGREEMENT OR OTHERWISE, EVEN IF MBG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Liability. To the extent that the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of MBG for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the Partner Services or this Agreement will be LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO
$50.00. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from Your use or Your inability to use the Site or the Partner Services, or any other matter arising from or relating to the Partner Services. In the event Your province or jurisdiction does not allow for an exclusion or limitation of liability, the above limitation may not apply to You.
No Guaranteed Results. You understand and agree that MBG offers no assurances as to how many Owner Builders, if any, will receive, rely on or use the Partner Content nor whether You will receive any business from Your use of the Partner Services, now or in the future. MBG assumes no responsibility for the acts, omissions, fault, breaches, negligence or otherwise of the Owner Builders.
No Advice. The Partner Services are provided solely for general information purposes and do not constitute any real estate, legal, tax, accounting, construction, business or other professional advice, nor do they constitute an offer to sell, lease or otherwise engage in a transaction.
GENERAL PROVISIONS
Entire Agreement. This Agreement, together with the Subscription which is incorporated and forms an integral part of this Agreement, constitute the entire agreement between You and MBG and govern Your use of the Partner Services, superseding any prior agreements between You and MBG with respect to the Partner Services. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other MBG Partner Services or affiliate services.
Relationship of the Parties. Nothing in this Agreement is to be construed as establishing or creating a partnership between the parties, a relationship of employer and employee, a relationship of principal and agent, nor any other form of representation or warranty. The use of the term “partner” in this Agreement shall not be interpreted to create any partnership relationship between the parties. Each of the parties acknowledges and agrees that no partnership relationship arises between them by function of this Agreement.
Waiver and Severability of Terms. The failure of MBG to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. In the event conflict between clauses, the stricter or more conservative of the clauses will be in effect. In the event of grammatical or spelling mistakes present in this Agreement, the intent of the clause will still be in effect and it will be interpreted in a manner that is grammatically and syntactically correct.
No Right of Survivorship and Non-Transferability. You agree that Your MBG account is non-transferable and any rights to Your MBG account will terminate upon Your death. Upon receipt of a nonorally certified true copy of a certificate of death, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Partner Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred by the passage of time.
Section Titles and Sub-Headings. Section titles and sub-headings in this Agreement are for convenience only and have no legal or contractual effect.
Schedule A Partners’ Code of Ethics
In compliance with this Code of Ethics, each Partner will:
Perform workmanship to high industry standards.
Install all material to manufacturers recommendations.
Ensure all material is of good quality and free of defects.
Complete all work to regulatory and code requirements.
Be qualified to perform such work they intend to perform.
Begin correcting deficiencies within two weeks of being notified of deficiency.
Promptly report any prior damage.
Promptly fix or pay for any damage caused by Partner or employees or subcontracted trades to property or belongings.
Keep the jobsite clean and free of clutter/debris.
Clean up after its work is complete and throughout the job.
Obtain insurance coverage in amounts reasonably required for the work to be undertaken.
Provide Owner Builders with a written quote detailing Your work prior to providing work, services, product or otherwise to the Owner Builders.
Enter into a Work Contract with the owner builder or their appointee outlining:
Price and payment schedule
Time line of the completion of work
What is included and what is not
Contractors’ responsibility
Owner Builders responsibility.
Uphold a minimum of 3-star rating after 5 ratings.