Copyright, Terms & Privacy

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COPYRIGHT POLICY
This copyright policy applies to any and all uses of Catalyst CAC Materials or Catalyst CAC Services.

BCB Materials and BCB Services are Intellectual Property (IP) of BONHAM-CARTER BRODHEAD INC. (hereinafter referred to as “BCB”) and are protected by copyright. Strict limitations apply to the use and reuse of this IP.

Definitions:
“BCB Materials”
means all BCB material, including without limitation: information and material as well as all products, software, website, frameworks, methods, Trade Secrets, knowledge, ideas, approaches, associated descriptions, categorization, classification, objects, meta objects, artefacts, maps, matrix and models, in whatever form or media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium). BCB Materials also includes all text, images, documentation, screenshots, web sites, photographs, video footage, etc. of BCB, in whatever media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium). 

“BCB Services” means all creation, customization, modification, implementation, application, supervision, communication, sharing or any other work, activity or service related to BCB and BCB Materials.  

“You” means any reader of this copyright policy, any purchaser and/or user of BCB Materials and/or BCB Services, including without limitation: any employee, member, director, officer, shareholder, board member, partner, agent, representative or affiliate of aforementioned reader, purchaser or user of BCB Materials and/or BCB Services. Anyone included in this definition shall be bound by the terms of this copyright policy and deemed to accept them.

Copyright Protection:
All text, images, and content presented on this website are the property of BCB, unless otherwise noted. BCB Materials and BCB Services are protected by law, including, but not limited to, internationally recognized Canadian, United States and/or European Union law, as well as any other laws or statutes which may apply. Except as specifically indicated otherwise in writing, BCB is the sole owner of the copyright in the BCB Materials and BCB Services, and BCB reserves all rights in that regard.

Use of BCB Materials and BCB Services as authorized by contract:
Your usage of and access to BCB Materials and/or BCB Services must be authorized in writing by BCB. This authorization is done on a non-exclusive, one-time-only basis, subject to certain terms and conditions, and subject to the applicable pricing, all of which as determined by a contract.

Third parties wishing to use BCB Materials and/or BCB Services must obtain BCB’s permission to do so prior to exercising such use.

Covenants for Use:
Unauthorized use or misuse of any BCB Materials or BCB Services is expressly prohibited.

The following covenants apply to all pre-authorized uses of BCB Materials and BCB Services, and shall be strictly adhered to. Non-adherence to any of the following covenants shall be considered a breach of this copyright policy, subject to any remedies available to BCB.

  • BCB Materials and all copies thereof shall remain the exclusive property of BCB.

  • You shall not reproduce, modify, copy, aggregate, distribute, transmit, display, publish, license or transfer any BCB Materials and/or BCB Services.

  • You shall not directly or indirectly attempt to reconstruct any BCB Materials and/or BCB Services, whether fully or partially, in any way, shape or form through the use of company records, memory or other.

  • You shall in no circumstances create derivative works of BCB Materials and/or BCB Services, or sell any information You gain access to through BCB.

  • You may only use the BCB Materials and/or BCB Services without modification (except as may be necessary to resize or otherwise convert the BCB Materials and/or BCB Services to a permitted format).

  • You may not use the BCB Materials and/or BCB Services in any offensive manner or context, for example in a way that is defamatory, disparaging or libelous to, or otherwise presents false or misleading information regarding BCB or any other party, including their products or services; in conjunction with obscene or pornographic material; in a manner that suggests bias based on race, national origin, gender, sexual orientation, or religion; or in any manner that would be illegal under applicable law.

  • You may not imply any BCB partnership, sponsorship, agency, affiliation, endorsement or any other relationship, unless expressly permitted by written contract with BCB, such as a valid partnership, sponsorship, agency, affiliation or endorsement contract. Any implication in absence of such a contract constitutes an infringement against the BCB brand and its IP rights.

  • You may not use the BCB Materials and/or BCB Services for a purpose competitive with BCB or its products unless otherwise clearly permitted by applicable contract or law.

  • You may not use any BCB logo, trade mark or design mark. 

Following their release for usage, BCB Materials and/or BCB Services may only be used for the specific purpose, function or solution that they were tailored for, as set out in a written agreement or contract with BCB. While the released BCB Materials and/or BCB Services can be used by the specific individual or group for which it was explicitly released, it can not be reused, reproduced, modified, copied, aggregated, distributed, transmitted, displayed, published, licensed or transferred in any other way. Neither the BCB Materials and/or BCB Services can be used, re-used, modified or reproduced by any team, group, area, department, business unit or entity other than the specific group for which they were released. Automating any of the BCB Materials and/or BCB Services requires special approval and coordination from BCB and may require payment of additional fees. 

If You use or receive any BCB Materials and/or BCB Services, You agree with the Policies of BCB and are bound to keep the intellectual property of BCB confidential and secure. If You allow, whether actively or passively, the material to be released, reused, reproduced, modified, copied, reconstructed, aggregated, distributed, transmitted, displayed, published, licensed or transferred in any way, You will be held accountable for any breach which may occur. Following such a breach, You will be invoiced for the BCB Materials and/or BCB Services, as well as any applicable fees or remedies which may be available to BCB. 

Governing Law and Jurisdiction:
This policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Ontario and/or Canada, or the laws of the Country in which a breach, dispute, or action arises, at the sole and unfettered discretion of BCB, and such laws shall be deemed to be the proper and applicable laws of this. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this policy.
Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:

  1. such party is not subject to the jurisdiction of such Court;

  2. such action is brought in an inconvenient forum;

  3. the venue of such action is improper; or

  4. any subject matter of such action may not be enforced in or by such Court;


and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.

Severance of Terms:
If any provision contained in this policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the policy, be deemed to be omitted from the policy and the validity of the other provisions contained in this policy and the remainder of the provision in question shall not be affected thereby.

TERMS OF USE 
The following are the terms of an agreement between You and Bonham-Carter Brodhead Inc. (hereafter “BCB”). By accessing or using BCB content or this website (the “Website”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Website or any BCB content.

For the purpose of these Terms, “You” shall include any reader of these terms, any and all natural or legal persons, who, directly, indirectly or by third parties interposed, are parent, subsidiary, affiliated, related or associated to You and Your directors, officers, shareholders or employees. Anyone included in this definition shall be bound by these terms and deemed to accept them.

BCB may, without notice to you, at any time, revise these terms and any other information contained on this Website. BCB may also make improvements or changes in the standards, software, services, or programs described in this Website at any time without notice.

Unauthorized use, disclosure, appropriation, reproduction or misuse of BCB materials and/or services in any form whatsoever, whether in absence of a contract or outside the use permitted by a contract, may result in invoicing issued to you and/or to the relevant person(s) based on the applicable fees at the time of such unauthorized use or misuse, in addition to any other such fees, rights and remedies as may be available to BCB. You fully acknowledge and agree that such Invoicing as per these terms and any such additional remedy shall be deemed by you to be appropriate and reasonable in the circumstances. 

Our content and this Website contain proprietary notices and copyright information, the terms of which must be observed and followed. 

BCB hereby grants you a non-exclusive, non-transferable, limited permission to access and view the webpages within this Website as a customer or potential customer of BCB provided you comply with these terms, and all copyright, trademark, and other proprietary notices remain intact. All other use of this Website and its content is prohibited.

BCB assumes no responsibility regarding the accuracy of the information that is provided by BCB and use of such information is at your own risk. BCB provides no assurances that any reported problems may be resolved with the use of any information that BCB provides. 

This Website may contain links to other third-party websites, which are provided as additional resources for Your convenience. BCB does not endorse, sponsor, or accept any responsibility for these third-party websites. You hereby agree to familiarize yourself with any and all terms, conditions, and policies, which may apply to the use of such third-party website, and to direct any concerns relating to these third-party websites to the relevant website administrator(s).

BCB makes no representations whatsoever about any other website, which You may access through this one. When You access a third-party web site, You understand that it is independent from BCB and that BCB has no control over the content on that website. In addition, a link to a third-party website does not mean that BCB endorses or accepts any responsibility for the content, or the use, of such website. It is up to You to take precautions to ensure that whatever You select for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

You will not (i) violate the security of the Website nor attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of BCB, imposes or may impose an unreasonable or disproportionately large burden on the Website or its infrastructure; (iii) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without the prior written consent of BCB; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

BCB reserves the right to change, update or discontinue any aspect of this Website at any time without notice. Your continued use of the Website after any such change constitutes your agreement to these Terms of Use, as modified. BCB may at any time revise these terms by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Disclaimer of Liability:
While the information contained in BCB content and this Website has been obtained from sources believed to be reliable, BCB disclaims all warranties as to the accuracy, completeness or adequacy of such information. You assume sole responsibility for the use You make of BCB content to achieve Your intended results. BCB assumes no liability whatsoever for any occurrence, results obtained, or loss or damage incurred, as a result of application of any information presented herein or otherwise provided by BCB.

Giveaways:
From time to time, BCB hosts giveaways in conjunction with third-parties that BCB believes would be of interest to its readers. All giveaways are subject to provincial and federal sweepstakes laws, in addition to such third-party’s applicable terms and conditions.

Commissions:
BCB is a for-profit entity. BCB may present affiliate links throughout its website(s). By clicking and/or purchasing items via certain links on any BCB website, you acknowledge that BCB may receive a commission. 

Results:
​You hereby acknowledge and agree that individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual user of BCB products, services, information, and offerings, may have different backgrounds, disposable income levels, motivation, and other factors that are outside of BCB control. As such, BCB cannot predict or guarantee any level success merely from your access or purchase of BCB products, services, or related material(s).

Refunds:
​Due to the nature of the services and/or products provided by BCB, refunds may only be offered on certain products or services of BCB. Unless otherwise stated in writing, or as may be required by Ontario/Canadian laws and regulations, most BCB products and services may be eligible for a refund within SEVEN (7) days of purchase. Please contact BCB for more information, or to initiate a refund request. 

Chargebacks:
​​​You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all applicable bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of BCB products or services. BCB reserves the right to present proof of tour access and these terms and conditions to the financial institution investigating the dispute.

Recurring Payments:
​​​​If you have signed up for a payment plan, you hereby authorize BCB’s continued access to your financial information stored by BCB or its third-party financial processing entities until your payment plan is complete.

Conduct:
You hereby agree, undertake, and covenant not to make any false, negative, disparaging, critical, or otherwise defamatory comments or inferences, whether written or oral, nor cause or encourage others to make any such comments or inferences, regarding BCB, or any of the clients, affiliates, officers, directors, partners, shareholders, employees, or agents of the BCB, nor to engage in any conduct which might discredit or bring into disrepute the reputation of BCB or cause BCB to suffer a financial hardship, where hardship shall include but not be limited to any cause of action or litigation where the BCB is a party. If at any time we feel you have violated these terms, or have otherwise engaged in conduct which may be detrimental to BCB or casts BCB in a negative light, then BCB shall be entitled to immediately terminate your use of any BCB website and any related communications, products, or materials, as BCB may deem appropriate. It is within BCB’s sole discretion to allow any user to access its website, and BCB may revoke this access at any time without notice, and, if necessary, block any IP address from further visits to any BCB site(s).

Governing Law and Jurisdiction:
This policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Ontario and/or Canada, or the laws of the Country in which a breach, dispute, or action arises, at the sole and unfettered discretion of BCB, and such laws shall be deemed to be the proper and applicable laws of this. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this policy.
Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:

  1. such party is not subject to the jurisdiction of such Court;

  2. such action is brought in an inconvenient forum;

  3. the venue of such action is improper; or

  4. any subject matter of such action may not be enforced in or by such Court;


and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.

Severance of Terms:
If any provision contained in this policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the policy, be deemed to be omitted from the policy and the validity of the other provisions contained in this policy and the remainder of the provision in question shall not be affected thereby.

PRIVACY POLICY
Disclosure of Your Personal Information:
Bonham-Carter Brodhead Inc. (hereafter “BCB”) may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where BCB has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect BCB’s rights and property. If BCB is involved in a merger or other reorganization, BCB may disclose your personal information to the resulting organization.

You further agree that BCB may share your information with its world-wide affiliates, and collect, use, and disclose your information, including for, but not limited to, the purposes of performing the services you’ve requested. You hereby consent to such disclosure, and further acknowledge that our world-wide affiliates may from time to time be required to disclose certain information in response to valid demands or requests from governments, regulators, courts, and law enforcement authorities in those jurisdictions or countries. 

Anti-Spam:
We are committed to complying with Canada’s Anti-Spam Law as it may be amended from time to time, and any other applicable rules and regulations under or relating to Canada’s Anti-Spam Law. All electronic messages that encourage participation in a commercial activity (CEMs) sent to you from us will be in compliance with the requirements of Canada’s Anti-Spam Law, including, without limitation:

  • Sender identification, and sender contact information;

  • Any unsubscribe mechanism;

  • The processing requests to no longer receive CEMs; and

  • Ensuring that any CEM you receive from us includes a descriptive subject line consistent with the purpose for our contacting you.

If you choose to ‘unsubscribe’, BCB will no longer be able to communicate with you by electronic means. When you unsubscribe using the links provided in our CEMs, your request will be processed as soon as possible, and no later than 10 business days after you send the request.

Website Terms of Use:
The Terms of Use governing your use of the Website contains important provisions disclaiming and excluding the liability of BCB and others regarding your use of the Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Website. Each of those provisions also applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.

Former Users:
If you stop using the Website or your permission to use the Website is terminated by BCB, BCB may continue to use and disclose your personal information in accordance with this Policy as amended from time to time, and subject to compliance with the law.

Policy Changes:
This Policy may be changed by BCB from time to time in BCB's sole discretion and without any prior notice or liability to you or any other person. The collection, use and disclosure of your personal information by BCB will be governed by the version of this Policy in effect at that time. New versions of this Policy will be posted here. Your continued use of the Website and receipt or request of any electronic communication subsequent to any changes to this Policy will signify that you consent to the collection, use and disclosure of your personal information in accordance with the changed Policy. Accordingly, when you use the Website or receive or request any electronic communication, you should check the date of this Policy and review any changes since the last version. You should also bookmark this page and periodically review this Policy to ensure that you are familiar with the most current version.

Governing Law and Jurisdiction:
This policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Ontario and/or Canada, or the laws of the Country in which a breach, dispute, or action arises, at the sole and unfettered discretion of BCB, and such laws shall be deemed to be the proper and applicable laws of this. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this policy.

Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:

  1. such party is not subject to the jurisdiction of such Court;

  2. such action is brought in an inconvenient forum;

  3. the venue of such action is improper; or

  4. any subject matter of such action may not be enforced in or by such Court;


and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.

Severance of Terms:
If any provision contained in this policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the policy, be deemed to be omitted from the policy and the validity of the other provisions contained in this policy and the remainder of the provision in question shall not be affected thereby.