Terms of Use for YellowSheet

This Terms of Use Agreement (the "Agreement") is entered into between Yellow Sheet Construction Data Ltd., a corporation duly incorporated under the laws of the Province of British Columbia with its principal place of business located at 503 Caselton Place, Victoria, British Columbia, V8Z 7Y5 ("Company"), and you, the user of the Company's YellowSheet.ca ("User"). By accessing or using YellowSheet.ca you ("User") agree to be bound by the terms and conditions set forth in this Agreement.

1. Introduction

Welcome to YellowSheet.ca. This document ("Terms of Use") outlines the terms and conditions regarding your use of our website and services. By accessing YellowSheet.ca, you agree to be bound by these terms.

2. Services Description

YellowSheet.ca is a data aggregation software as a service (SaaS) product that provides aggregation of construction data, building permits, and bids and tenders.

3. User Registration and Accounts

Account Creation:

Users must register and create an account to access the data and view reports.

Account Responsibilities:

Users are responsible for maintaining the confidentiality of their account information and are liable for all activities under their account.

4. Use of Services

Permissible Use:

  1. Review building projects and the stage of development they are at.
  2. Review the number and type of building permits issued.
  3. Determine projects within given governmental regions or cities.

Prohibited Conduct:

  1. Use the product to construct email mailing lists.
  2. Use the product to construct phone calling or contact lists.

5. Intellectual Property Rights

Rights to Data

Ownership: YellowSheet.ca acknowledges that all data provided on our platform belongs to its original rights holders. We respect the intellectual property rights of others and commit to ensuring that data is attributed correctly to its rightful owners.

Attribution: In cases where data is displayed or used on our platform, YellowSheet.ca acts within the necessary requirements to provide proper attribution to the original rights owners, in accordance with applicable laws and industry standards.

User-Generated Content

User Responsibility: Users are responsible for ensuring that any content they provide does not infringe on the intellectual property rights of third parties. Users must have the necessary rights or permissions to share any data or content they upload to YellowSheet.ca.
License to Yellowsheet.ca: By submitting user-generated content to our platform, users grant YellowSheet.ca a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content in connection with our services.

Copyright Compliance Policy

Notice and Takedown Procedure: YellowSheet.ca adheres to a strict policy regarding copyright infringement. If you believe that your intellectual property rights have been violated, please contact us. We will review and address all notices of alleged infringement promptly.

Compliance with DMCA: YellowSheet.ca complies with the provisions of the Digital Millennium Copyright Act (DMCA) and other relevant intellectual property laws.

Use of YellowSheet.ca Content

Restrictions: Content from YellowSheet.ca, including but not limited to text, graphics, logos, and software, is the property of YellowSheet.ca or its licensors and is protected by copyright and other intellectual property laws. This content may not be copied, modified, distributed, or used in any way not expressly permitted by these terms.

6. Data Privacy and Security

Privacy Commitment

At YellowSheet.ca, we are committed to protecting the privacy and security of our users' data. Our policies are designed to respect your privacy and comply with applicable data protection laws.

User Data

No Third-Party Sharing: YellowSheet.ca assures our users that we do not share, sell, rent, or trade user data with third parties for their commercial purposes.

No Sale of Data: YellowSheet.ca strictly adheres to a policy of not selling any user data. Your personal information and data generated through your use of our service remain confidential and are used solely to enhance your experience with YellowSheet.ca.

Data Security

Protection Measures: YellowSheet.ca implements robust security measures to safeguard your data from unauthorized access, alteration, disclosure, or destruction.

Data Usage: The data collected is used solely for the purpose of providing and improving our services, including service management, support, and improvement.

Compliance

Legal Compliance: YellowSheet.ca complies with all applicable laws and regulations regarding data protection and privacy.

User Rights: Users have rights regarding their personal data, including the right to access, correct, and request deletion of their personal data.

Changes to Privacy Policy

Updates: This privacy policy may be updated from time to time. YellowSheet.ca will notify users of any changes by updating the date at the top of the policy.

7. Third-Party Links and Services

The information provided on this Yellowsheet.ca is for general informational purposes only. Yellow Sheet Construction Data Ltd. makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk.

Under no circumstances will Yellow Sheet Construction Data Ltd. be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website, you may be able to link to other websites which are not under the control of Yellow Sheet Construction Data Ltd. We have no control over the nature, content, and availability of those sites.

8. Modification of Terms

Reserve the right to modify these terms and provide notice of these changes as appropriate.

9. Termination

Termination by YellowSheet.ca

Right to Terminate: YellowSheet.ca reserves the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

Effect of Termination: Upon termination, your right to use the Service will cease immediately.

Termination by User

User Initiated Termination: Users may terminate their account and discontinue use of the Service at any time by contacting YellowSheet.ca with a request for account termination.

Account Deactivation: Upon receiving a termination request, YellowSheet.ca will deactivate the user's account and cease billing if applicable.

Subscription Services

No Refunds: In the case of paid subscriptions, there are no refunds or credits for partially used periods, except as required by law or as explicitly stated in the subscription terms.

Data after Termination

Data Retention and Deletion: After termination, YellowSheet.ca may retain your data for a limited period as outlined in our Data Privacy and Security policy and then will delete or anonymize your data, except to the extent retention is required by law.

Survival

Survival of Provisions: The user's obligations and YellowSheet.ca's rights under these Terms will survive the termination of these Terms for any reason.

10. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties

"As Is" and "As Available" Basis: The service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranties for Information Accuracy: YellowSheet.ca makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does YellowSheet.ca make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.

Limitation of Liability

General Limitation: To the fullest extent permitted by applicable law, in no event will YellowSheet.ca, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not YellowSheet.ca has been informed of the possibility of such damage.

Cap on Liability: In no event will YellowSheet.ca's aggregate liability for all claims relating to the services exceed the greater of $100 CAD or the amount you paid YellowSheet.ca, if any, in the last 12 months.

11. Indemnification

Indemnity by Users

Agreement to Indemnify: You agree to indemnify, defend, and hold harmless YellowSheet.ca, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, your misuse of the Service, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Scope of Indemnification

Third-Party Claims: This indemnification applies to any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use.

Defense and Settlement

Right to Defense: YellowSheet.ca reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with YellowSheet.ca in asserting any available defenses.

12. Governing Law and Dispute Resolution

Governing Law

Jurisdiction: These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada, without regard to its conflict of law principles.

Dispute Resolution

Legal Proceedings: Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the services provided by YellowSheet.ca shall be instituted exclusively in the federal courts of Canada or the courts of the province of British Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Binding Arbitration

Optional Arbitration: In the case of disputes, at our discretion, YellowSheet Construction Data Ltd. may require you to submit any disputes arising from the use of these Terms of Use or our services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the British Columbia International Commercial Arbitration Centre.

13. Contact Information

If you have questions or concerns about the Terms of Use, please contact us at:

Mail:

503 Caselton Place, Victoria, BC V8Z 7Y5

14. Effective Date and Updates

The effective date is March 1, 2024.