ADACC Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY.
These ADACC Terms of Service, including our Privacy Policy (available at www.adacc.ca), constitute a legal agreement between ADACC and you (the “Agreement”).
By using our site, you are agreeing to the Terms of Service.
1. Definitions
“Act” means the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4, as amended.
“Adjudicator” means an individual holding a Certificate.
“Authority” or “NA” means the Nominating Authority under the Act, operating as the Alberta Dispute Adjudication for Construction Contracts (“ADACC”).
“Certificate” means the certificate of qualification to adjudicate issued to an individual by ADACC after the individual has met the eligibility and training requirements as set out by ADACC, the Act and the Regulations, has completed the adjudicator evaluation, and has been approved by ADACC to be granted a Certificate.
“Claimant” means a Party to a contract or subcontract who refers a dispute to adjudication by giving a Notice of Adjudication to another Party.
“Documents” include:
· Notices of Adjudication;
· Requests to Consolidate;
· Adjudication Agreements;
· Documents required under the Act;
· Responses to Notice of Adjudication;
· Determinations; and
· Other materials.
“ADACC” means Alberta Dispute Adjudication for Construction Contracts, the NA for the purposes of the Act.
“ADACC Parties” means ADACC, ADACC’s affiliates, agents, licensors, suppliers, directors, officers, agents or employees thereof.
“Site” means all webpages located at www.adacc.ca.
“Party” means the Claimant or the Respondent in an adjudication proceeding.
“Parties” mean the Claimant and the Respondent in an adjudication proceeding.
“Personal Information” means recorded information about an identifiable individual or that may identify an individual and may, without limitation, include your name, phone number, address, email address, and workplace.
“Regulations” means all Regulations promulgated under the Act.
“Representative” means legal counsel for, or an authorized representative of, a Party.
“Respondent” means a Party to a contract or subcontract who receives a Notice of Adjudication from a Claimant.
“Users” means all people and/or entities who access the Site, including but not limited to Adjudicators, a Party, Parties, Representatives and Respondents.
2. Delivery of Documents to ADACC
The Site is owned and operated by ADACC.
IT IS YOUR OBLIGATION AND RESPONSIBILITY TO ENSURE THAT YOU TAKE APPROPRIATE STEPS TO ENSURE THAT YOUR LEGAL DOCUMENTS ARE SERVED AND FILED APPROPRIATELY.
ADACC IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE BY YOU TO FILE LEGAL DOCUMENTS IF AND AS NECESSARY.
You acknowledge that any and all documents delivered to ADACC may be accessed by us from time to time for the purposes of testing, maintaining and verifying information.
3. Potential Downtime
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SAVE ANY DOCUMENTS DELIVERED TO ADACC ON YOUR OWN DEVICE, THAT YOU WILL NOT RELY ON ADACC FOR THE STORAGE AND SAFEKEEPING OF DOCUMENTS, AND THAT YOU HAVE THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA.
ADACC IS NOT LIABLE FOR YOUR FAILURE TO MAINTAIN BACKUPS OF ALL THE DOCUMENTS YOU DELIVER TO ADACC.
4. Not Legal Advice
NONE OF THE INFORMATION AVAILABLE ON THE SITE WILL BE CONSTRUED BY YOU AS CONSTITUTING LEGAL ADVICE. ANY CONTENT OR MATERIALS PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY.
YOU AGREE TO CONSULT WITH A QUALIFIED LEGAL PROFESSIONAL WITH RESPECT TO ANY LEGAL ISSUES OR CONSEQUENCES OF USING THE SITE.
5. Registration
In order to commence your adjudication and respond to the adjudication, you must provide us with Personal Information. The collection and use of Personal Information is subject to our Privacy Policy, located at www.adacc.ca.
Upon termination of this Agreement, ADACC reserves the right to retain all Personal Information provided by you during the adjudication process, subject to applicable privacy laws.
The provisions in the Agreement which expressly or should by their context survive termination or expiration of this Agreement will survive termination or expiration of this Agreement and be and continue to be of full force and effect.
8. Changes to Terms of Service
ADACC may amend this Agreement from time to time and post an updated version of the Agreement on the Site. You are responsible for checking for any amendments. Your continued use of the Site after any amendments means that you agree to be bound by such amendments.
9. Limitation of Liability
IN NO EVENT WILL ADACC PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INFORMATION THEREIN. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, HOWSOEVER CAUSED, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME, REVENUE OR PROFIT, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE CanDACC PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL ANY OF THE ADACC PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY OF THE FOLLOWING:
1. YOUR FAILURE TO DELIVER DOCUMENTS TO ADACC AND SERVE THEM ON THE USERS, IF AND AS NECESSARY;
2. YOUR FAILURE TO PROPERLY PROVIDE INFORMATION TO ADACC;
3. YOUR FAILURE TO PROPERLY IDENTIFY THE PARTIES INVOLVED IN YOUR ADJUDICATION PROCESS;
4. YOUR USE OF OR INABILITY TO USE THE SITE;
5. ANY DECISION MADE BY YOU IN RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN; OR
6. TECHNICAL PROBLEMS WITH THE SITE, INCLUDING, BUT NOT LIMITED TO VIRUSES, DATA CORRUPTION, TRANSMISSION ERRORS, INSUFFICIENT BANDWIDTH, ILLEGAL HACKING OF THE SITE OR ANY OTHER INTERRUPTION TO ACCESS THE SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADACC’s LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IN RESPECT OF THE TRANSACTION OR TRANSACTIONS DIRECTLY RELATED TO THE ALLEGED LOSSES, DAMAGES, INJURIES OR CLAIMS OF ANY KIND.
IN ANY EVENT, YOU HEREBY AGREE TO TAKE ALL SUCH STEPS AS MAY BE NECESSARY OR REASONABLE TO MITIGATE ANY LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND THAT MAY ARISE FROM YOUR USAGE OR INTENDED USAGE OF THE SITE OR FAILURE TO CORRECTLY USE THE SITE.
10. Disclaimer
THE SITE AND THE CONTENT AND MATERIALS THEREON ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. ADACC MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, ENDORSEMENTS OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE. ADACC DOES NOT REPRESENT OR WARRANT THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION.
11. Indemnity
You agree at all times to indemnify, defend and hold harmless the ADACC Parties against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements on a full indemnity basis) sustained, incurred or paid by the ADACC Parties, directly or indirectly in respect of any violation of the Agreement by you or any activity related to your usage of the site, including negligent or wrongful conduct by you or any person accessing the Site from your account.
12. Entire Agreement
This Agreement as it may be amended by us from time to time, and any and all other legal notices and policies on the Site, constitute the entire agreement between you and us with respect to the use of the Site.
13. Successors and Assigns
This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns.
14. No Assignment
You agree that the rights and obligations hereunder may not be assigned without our prior written consent.
15. Severability
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
16. Governing Law
By accessing the Site, you agree that all matters relating to access to, or use of, the Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
To the fullest extent permitted by applicable law, you agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against ADACC related to the Site or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against ADACC.
