Legal

GRAHAM WEBSITE TERMS OF USE

Introduction

  1. Your access to and use of the www.graham.ca website and the Toolbox Online application (collectively, “this Site”) and any materials located on it constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, the following provisions.
  2. While this Site provides information and images relating to the Graham group, a geographically diverse group of distinct business entities operating in various jurisdictions in Canada and the United States, for ease of reference, the use of “Graham”, “us” or “we” refer in general to Graham Group Ltd. and its affiliates. We retain the right to amend these terms and conditions at any time, including the right to revoke any permissions, and it is your responsibility to check for such amendments. Please read these terms of use carefully so that you can understand the terms and conditions of the use of our website and how we collect and use the personal information (“Personal Information” as defined below) that you may provide to us.

Terms and Conditions

User Conduct

  1. As a condition of use of this Site, you agree not to use this Site, including any of the features and tools on this Site to post or otherwise submit any information, that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation material that is hateful, harassing, pornographic, racist, criminal, quasi-criminal, obscene, profane, defamatory or threatening, or material that constitutes or may encourage conduct that would be considered a criminal offense, gives rise to civil liability or otherwise violates any law or regulation. Without limiting the generality of the foregoing, you agree that you shall not use this Site in any manner, including the submission, posting and uploading of Information, or to any extent, to do any of the following:
      1. Commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
      2. Upload, post or otherwise submit any content that shall harm, injure, damage or detrimentally affect any person, whether by tort, negligence, defamation or injury to reputation;
      3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      4. Infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation, any contractual, statutory, common law or intellectual property rights; or
      5. Upload, post or otherwise submit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

    As a further condition of the use of this Site, you agree that you will not:

    1. Use any device or other means to harvest information about other users;
    2. Transmit, install, upload or otherwise transfer any virus or other item or process to this Site that in any way affects: (1) the use, enjoyment or service of this Site; or (2) any person’s computer or other medium used to access this Site;
    3. Engage in any action which is detrimental to the use and enjoyment of this Site;
    4. Post or upload any information to this Site, nor modify any information posted on this Site except in areas of this Site specifically designed for that purpose;
    5. Access, or attempt to access, the personal information of another User which is stored on this Site;
    6. Access, or attempt to access a restricted area of this Site using another User’s password;
    7. Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site; or
    8. Probe, scan or test the vulnerability of this Site or any network connected to this Site, or breach the security or authentication measures on this Site or any network connected to this Site, or reverse look-up, trace or seek to trace any information on any other User to its source, or exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including but not limited to, personal identification or information, other than your own information, submitted to, or contained on, this Site.

Disclaimers and Limitation of Liability

  1. This Site and its content is provided on an “as is”, “as available” and “when available” basis. Graham does not give any warranty, guarantee, representation or condition that access to this Site or its content shall be uninterrupted or error free, or available at all; nor do they make any warranty, guarantee, representation or condition as to the results that may be obtained from the use of this Site or as to the accuracy, suitability, reliability or content of the content.
  2. You agree that you will not rely on any opinion or other information set out on this Site when making business, financial, personal or any other decisions. Graham does not endorse the opinions of any third party expressed on this Site.
  3. Without limiting the foregoing, in no event shall Graham, its directors, officers, employees, contractors, consultants or agents be liable for any:
    1. indirect, consequential, incidental, special, compensatory, aggravated, exemplary or punitive damages,
    2. damages for economic loss, loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property, or failure to realize expected revenues, profits, gains, savings or other results of any kind,
    3. claims of third parties, or
    4. any other pecuniary loss arising out of or related to these terms of use, this Site, its contents or any third party website.

Notwithstanding the foregoing, in no event will the cumulative liability of Graham arising out of or related to these terms of use, the content, this Site or any third party website exceed the sum of ten dollars ($10.00) in Canadian currency.

  1. The disclaimer of guarantees, representations, warranties, conditions and limitations of liability set out in these terms and conditions shall apply regardless of the causes, circumstances or form of action giving rise to any loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract, tort, strict liability or any other legal or equitable theory whatsoever, and further shall apply even if Graham is advised of the possibility of the loss, damage, claim or liability or such loss, damage, claim or liability is foreseeable.

Intellectual Property Rights

  1. Graham either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips and other content that is made available to you on this Site (“Intellectual Property”), or has obtained the permission of the owner of the Intellectual Property in such content to use the content on this Site. The display of trade-marks or trade-names on this Site does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.

Limited License

  1. We grant to you a royalty-free, limited, revocable license to display on your computer, print, download and use this Site’s content, underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for non-commercial, personal, or educational purposes only, provided that:
      1. you do not modify any such content; and
      2. you include with and display on each copy of such content the associated copyright notice and this limited license.

    No other use is permitted. Without limiting the generality of the foregoing, you may not:

    1. make any commercial use of such content;
    2. include such content in or with any product that you create or distribute; or
    3. copy such content onto your or any other website.

Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any copyright or any other person who owns the copyright in content provided on our website.

Links to Third Party Sites

  1. This Site may contain links to third party websites over which Graham has no control. In this case, Graham cannot be responsible for the contents of these websites or any damage arising from their use.

Job Applications

  1. If you apply for a position with Graham using the “Current Opportunities” section of this Site, Graham will make all reasonable efforts to receive, process and consider your application. However, Graham will not be liable for any missed opportunity or other damage arising from an online job application or from Graham’s failure to correctly receive, process and consider an application, and the disclaimers of liability set out in these terms and conditions will be binding on you.

Alberta Law Applies

  1. The laws of the Province of Alberta and the laws of Canada applicable therein shall govern use of this website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding related to this website and agree not to commence any such action or proceeding except in Calgary, Alberta, Canada.