TERMS OF USE (User Agreement)
Our Terms of Use are intended to be read in conjunction with our Privacy Policy. Capitalized terms contained herein have the meanings attributed to them in our Privacy Policy.

Terms of Use
Calculated Structured Designs Inc. (“CSD®” or “We”) owns and operates this website (“Website“). In the policy You as the subscriber and user of the Website, Software and Services (defined below) are referred to herein as the “Subscriber”, “Your” or “You”. Your access to the Website is conditional on Your agreeing to, and complying with, the following disclaimers, limitations of liability and website terms of use (collectively “Terms of Use“). If You do not accept these Terms of Use, Your access to and use of this Website is prohibited. By accessing the Website, You enter into a legal contract and agreement with CSD®, the terms of which agreement are as stated in these Terms of Use.
We may change these Terms of Use from time to time and You agree to check for such changes each time You visit the Website. Your continuing to use or access the Website following our posting revised Terms of Use constitutes Your acceptance of the revised Terms of Use. Content contained in this Website is for general information purposes only. Any monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.

Grant of License
CSD® grants You a limited, revocable, conditional and non-exclusive license to display and print the contents of the Website for personal, non-commercial use only, provided You do not alter the contents thereof. Any other use is strictly prohibited without the express written consent of CSD®. Any rights not granted in these Terms of Use are expressly reserved by CSD®.

Access to the CSD® software (the “Software“) as a service via the Website (the “Services“) is subject to a separate End User Software Services License Agreement •, which You will be required to accept and agree to before having any access to the Services.

Alberta Law Applies
The laws of the province of Alberta, and the laws of Canada applicable in Alberta, will govern use of this Website and the interpretation, validity and effect of these Terms of Use, notwithstanding Your physical location, (whether permanent or temporary), residence or domicile. You hereby irrevocably consent, submit and attorn to the non-exclusive jurisdiction of the courts of the province of Alberta, sitting at Calgary, without regard to the conflict of laws provisions of such courts, in any action or proceeding related to this Website, its contents, Your use thereof or, subject to the provisions of any other agreement between You and CSD® Your other dealings with CSD®. You agree to not commence any such action or proceeding except in Calgary, Alberta, Canada, and You agree to not commence any action by way of class proceedings or class action, provided that nothing in the foregoing will restrict CSD® from seeking an injunction or other equitable relief in any court of competent jurisdiction if required to restrain a breach or threatened breach of these Terms of Use by You.

DISCLAIMER OF WARRANTIES AND CONDITIONS

Except as expressly set out herein, the Website, the Software and the Services are provided strictly on an “AS IS, WHERE IS” and “AS AVAILABLE” basis. CSD® warrants that, for 60 days from the initial delivery of Software, the Software shall operate substantially in accordance with the description provided on the Website. In the event of any breach of the limited warranty provided in this Section, CSD® shall use commercially reasonable efforts to modify or replace the Software or applicable component, as the case may be, to correct such defect. The warranties contained herein shall terminate and become null and void to the extent that any breach of such warranties arises from modification made by the Subscriber, any sub-licensee or any other end user of the Software or if a Subscriber or any sub-licensee or other end user fails to update to the latest versions of the Software. The Subscriber and each sub-licensee and end user further acknowledges and agrees that CSD® is not responsible, and shall have no liability arising from hardware, software, incompatible operating systems or equipment or other items or any services provided by any persons other than CSD®. No oral or written information or advice given by CSD® or its officers, directors or employees shall in any way extend, modify or add to the foregoing limited warranty.

LIMITATION OF LIABILITY
IN NO EVENT WILL CSD® OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF THE USE OF OR INABILITY TO USE OR ACCURACY OF THE DATA GENERATED BY, AND/OR OUTPUT PRODUCED FROM THE SOFTWARE, THE SERVICES OR ANY KIND OR DOCUMENTATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CSD® MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR SERVICES ARE ERROR-FREE AND IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY OF CSD® TO ANY PARTY, FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE LICENSE FEES PAID TO CSD® BY THE SUBSCRIBER FOR THE LICENSE OF THE SOFTWARE PURSUANT TO THIS AGREEMENT IN THE PREVIOUS TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CSD® AND THE SUBSCRIBER. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SUBSCRIBER AND ANY SUB-LICENSEE OR END USER ASSUMES ALL RISK AS TO THE SUITABILITY, ACCURACY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. THE SUBSCRIBER AND EACH SUB-LICENCEE EXPRESSLY ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE SUBSCRIBER HAS BEEN ADVISED AND HAS ADVISED ITS SUB_LICENCEES AND END USERS TO SECURE PROFESSIONAL TECHNICAL AND/OR ENGINEERING EXPERTISE TO REVIEW AND CONFIRM THE APPRORPIATENESS AND ACCURACY OF ALL INFORMATION AND DATA INPUT AND INCLUDING, WITHOUT LIMITATION, ALL DESIGN OUTPUT. THE SUBSCRIBER AND EACH SUB-LICENCEE AND END USER FURTHER AGREES THAT ALL SOFTWARE OUTPUT FOR THE SPECIFICATION OF STRUCTURAL MEMBERS IS PRELIMINARY UNTIL IT HAS BEEN REVIEWED AND CERTIFIED BY A “COMPETENT COMPONENT DESIGNER”. A “COMPETENT COMPONENT DESIGNER” IS DEFINED AS THE INDIVIDUAL OR ORGANIZATION LEGALLY RESPONSIBLE FOR THE DESIGN OF THE INDIVIDUAL BUILDING COMPONENT. THIS INDIVIDUAL OR ORGANIZATION SHALL MEET THE LEGAL REQUIREMENTS OF THE CITY STATE/PROVINCE, OR OTHER AGENCY WHICH EXERCISES LEGAL AUTHORITY OVER THE STRUCTURE WHERE THE COMPONENT IS TO BE USED, WHETHER OR NOT THIS INDIVIDUAL IS REQUIRED TO BE A REGISTERED PROFESSIONAL ENGINEER AS GOVERNED BY APPLICABLE LAW. FURTHER, THE SUBSCRIBER AGREES THAT ALL OUTPUT WILL BE CONSIDERED PRELIMINARY UNTIL REVIEWED AND CERTIFIED AS DESCRIBED ABOVE.

The Services
All of the Services posted on, linked to, or available on or through the Website are subject to availability and to change without notice. CSD® makes no offers subject to unconditional acceptance and any offer made by You is subject to review and acceptance by CSD®. In addition, any contract concluded between you and CSD® related to, or arising out of, the Software, Website or Services, including any beta testing, requires acceptance of CSD®‘s standard contractual provisions related to the Services in effect at the time.

Accuracy of Information
While CSD® takes reasonable efforts to ensure accuracy, completeness and timeliness of the contents of the Software, Website and the Services, CSD disclaims any liability whatsoever with respect to errors or omissions, howsoever caused.

Third Party Links and Endorsements
From time to time, CSD® may post certain links or other third party information on the Website that lead to websites maintained by independent third parties over which CSD® has no control. CSD® accepts no obligation to post or maintain any such links and there may be no such links at any given time. If CSD® does provide such links, they have been provided solely as a convenience for users of the Website and do not constitute an endorsement by CSD® of the content of such third party sites. Your use of such links is solely at Your own risk. Links to this Website may also be provided from other sites either known or unknown to CSD® and access to any other website linked to or from this Website is at Your own risk. CSD® make no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites. Nothing in this Website constitutes an endorsement or approval of any third parties or their advice, opinion, information, products or services, express or implied.

Internet Communications and Email
The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration of communication for which CSD® assumes no liability. You use the Internet and email at Your own risk.

Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. CSD® will not be responsible for, nor be liable to You or anyone else, for any damages in connection with any Internet communication with CSD®, nor for any email sent by You to CSD®, or any email or other electronic communication sent by CSD® to You at Your request or in response to information received from You.

Rights
The material and information accessed via the Website are available only under the conditions set out herein, except for the Services and the Software, which are further subject to the End User Software Services License Agreement •. In the event of a conflict between these Terms of Use and the End User Software Services License Agreement •, the provisions of the End User Software Services License Agreement • shall prevail unless CSD® expressly states otherwise.

Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are licensed or copyright to CSD® all rights reserved. CSD® and associated logos and designs are trade-marks and the exclusive property of CSD®, all rights reserved. The trade-marks of any third parties appear with any required licenses.

General Terms
These Terms of Use will ensure to the benefit of CSD® and its heirs, successor and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain
in full force and effect.

Contacting Us and Receiving Information
Subject to these Terms of Use, the Website permits You to contact CSD® to receive information, to provide CSD® with questions or comments, to request the Software or Services or enter into the End User Software Services License Agreement •, to submit a resume for consideration by CSD®, to subscribe to newsletters and/or other periodically distributed information, and for such other purposes as CSD® may permit from time to time.
CSD® requests that You provide CSD® with only such personal information as You reasonably should disclose in order to permit CSD® to provide You with information, respond to You, consider Your queries or consider You for employment. CSD® accepts no liability for any failure to receive Your information, or for any loss of, or damage to, information in transit to CSD®, or received by CSD®. Any personal information You provide is considered by CSD® to have been provided with Your consent, permitting CSD® to collect, use and disclose such personal information for reasonable purposes related to Your contacting CSD® or receiving information from CSD®.

See our Privacy Policy for additional information.