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City Online Terms and Conditions

Please review these Terms and Conditions carefully. By using or completing a purchase of a product or service on Calgary.ca/CityOnline, (the "Site") you accept and agree to comply with the following Terms and Conditions. If you do not agree with these Terms and Conditions, you should immediately discontinue any use of this Site. These Terms and Conditions are subject to change at any time with such changes becoming effective immediately. You should review the Terms and Conditions at the time of each purchase. These Terms and Conditions govern your transactions and are binding to you or your organization.

If your use of the Site is subject to a separate agreement with The City of Calgary (“The City”) then you agree to comply with the terms of both that agreement and these Terms and Conditions. In the event of a conflict between the terms of any such separate agreement and these Terms and Conditions, the terms of the separate agreement shall prevail.

Purchase of Licensed Product

By placing an order via the Site, you (the “Licensee”) are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, (iii) representing that all information you provide in connection with such order is true and accurate, and (iv) an authorized user of the payment method provided.

License to Use

Upon completion of an order, The City grants you, the Licensee, a non-exclusive, revocable, perpetual, limited license to the relevant purchased product (“Licensed Product”) for internal business use only. The Licensee will use the Licensed Product and any accompanying documentation only for its lawful non-commercial internal business purposes, or for integration in the products and services of the Licensee within the normal scope of the Licensee’s business. The Licensee will not reproduce, sell, market or promote the Licensed Product or any accompanying documentation, or any portion thereof, in standalone form. The Licensee may not transfer or assign to any other party any of the rights granted under this license.

Without limiting the foregoing, but for greater clarity. the Licensee's use of the Licensed Product may include analysis on its behalf by a contractor, consultant or professional advisor provided these Terms and Conditions are complied with, including that there be no additional copy or copies of the Licensed Product.

Intellectual Property

The City owns the intellectual property rights, or has acquired the necessary licenses, in the information accessible via the Site, including all text, graphics, images, HTML code, multimedia clips, icons, Licensed Products, and the selection and compilation of the contents of the Site (collectively the "Contents").

The Contents on this Site and its compilation are protected by Canadian and international copyright and trademark laws. Unauthorized use of the Contents may violate copyright, trademark, and other laws. Copying, repackaging, redistributing or modifying the Contents provided by this Site, in whole or in part, in printed or electronic format, is strictly prohibited.

Description of services, products, pricing and payment terms

The City has attempted to be as accurate as reasonably possible in its provision of the Contents on the Site. However, The City does not warrant that product or service descriptions, or other Contents of the Site, are accurate, complete, reliable, current, or error-free.

Prices and availability of products and services are subject to change at any time without notice. All prices are listed in Canadian dollars. In addition to these Terms and Conditions, some products and services are subject to a separate additional license agreement.

Payment terms are within The City's sole discretion. Payment must be received by The City prior to The City's acceptance of an order for products or services. Orders are not binding on The City until accepted by The City. Separate charges for shipping and handling may be shown on The City's invoice. You are responsible for Goods and Sales Tax ("GST") and any other taxes applicable to your order which will be shown as a separate charge on The City's invoice.

Limitation of liability, disclaimer of warranties and conditions

The Contents, products and services accessible via the Site are provided in good faith, on an "as is" basis, and are current at the time of posting for use on the Site. The City disclaims all warranties or conditions, express or implied, in respect of such Contents, products and services, including, without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.

The City is not responsible for any liability for any direct, indirect, incidental, consequential or other damages resulting from the use, misuse or misinterpretation of any Contents, products or services provided by this Site, or from your use or misuse of this Site.

Indemnity

You agree to indemnify, defend and hold harmless The City and its officials, officers, employees and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind (including, but not limited to, lawyer's fees) relating in any way to your use of the Contents, products or services provided by this Site, or your use or misuse of this Site.

Termination

If you violate these Terms and Conditions or other policies and guidelines posted on this Site, your permission to access the Contents and use any Licensed Product purchased via the Site automatically and immediately terminates and you must immediately destroy any such Licensed Product. The City reserves all of its rights at law and in equity.

Governing law and jurisdiction

The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Alberta and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

Download Methods

Download methods for products are as indicated on the product page for each product. Products are available to download for five (5) days after purchase. After five (5) days, the product must be repurchased.