Last updated on September 9, 2008.

The Agreement

Please read this agreement carefully as it governs your use of the IdeaConsultation website, and the other domains that may be used as part of the service, such as TaxpayerIdeas.com. It exempts The Procurement Exchange (the “Owner”), the owner of IdeaConsultation, and other persons from liability or limits their liability and contains other important provisions that you should read.


1. The Code of Conduct
Each registered person (“Participant”) in a consultation accepts that it is in every participant’s interest if high standards of decorum are maintained. Participants therefore agree to abide by a Code of Conduct. This code states that participants:

• Will not post, or cause to be posted, any ideas, comments, other materials or portions thereof (collectively “Content”) that may be deemed profane, misleading, false, defamatory, aggressive, harassing, unlawful, invasive, libellous, or generally in any way potentially objectionable to any number of Participants or unregistered persons that visit the website;
  
  
• Will not participate in the gaming, clogging up, disrupting, manipulating, or other such behaviour, of a consultation by way of manual intervention, software or other means;
  
  
• Will not provide content that links or in any other way connects to content that violates this code of conduct or the Terms of Use in any way;
  
  
• Will not infringe on any right of any 3rd party;
  
  
• Will not disclose any information for which the participant is not authorized to disclose;
  
  
• Will not advertise or solicit to buy or sell goods or services or post spam to a consultation;
  
  
• Will not encourage others to behave unlawfully;
  
  
• Will not register to participate in a consultation more than once with the intent of modifying or influencing the outcome of a consultation; • Will not attempt in any way to obtain account information from another participant;
  
  
• Will not, nor will any other visitors to the website, use any automated means to access the website for any purpose without our express written permission;
  
  
• Will represent themselves truthfully, and in an inoffensive and legal manner, and will not impersonate another person either directly or indirectly;
  
  
• Will moderate each other’s compliance with the Code of Conduct and report Content that negatively affects other participants or the effectiveness of the consultation;
  
  
• Will foster a positive, collaborative environment where people will feel encouraged
  to participate;
  
  
• Will stay on topic; and
  
  
• Abide by the letter and spirit of the laws in which the participant resides.
  
  

In return for Participants’ compliance with the Code of Conduct, we commit to:

• Providing an environment where Participants can collaborate in real-time with intervention only on an as-needed basis;
  
  
• Removing Content that may be the result of a breach of the Code of Conduct. We will do this once the content has been identified by us or referred to us by the community. We will do this as quickly as we reasonably can.
  

2. Acceptance
By registering, you agree to be bound by these Terms of Use. Failure to comply with the Code of Conduct or the Terms of Use may result in suspension or termination of your access rights to this service.


3. Registration
In order to submit a vote, post a comment, post an idea or otherwise perform any action other
than viewing a consultation, registration is required. One participant in a consultation per registration is authorized.

All information you provide through the Website must be true, accurate, current and complete. Failure to provide such information shall constitute a breach of the Terms of Use. The Owner reserves the right to refuse registration of, or cancel the access rights of a participant in its
own discretion.

The Owner will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, The Owner or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

The Owner will handle the registration information in accordance with its Privacy Policy.

Registration accounts are non-transferable.


4. Permission to use the Website
It is solely your responsibility to determine whether your use of the Website is lawful. You must comply with all applicable laws. Participants must be 18 years of age in order to use the website.


5. Changes to this Agreement
The Owner may, in its sole discretion, change this Agreement from time to time by publishing
a revised Terms of Use. Your use of the website constitutes an acceptance of the new Terms
of Use.


6. Ownership and Permitted Use
The Website is protected by Canadian and international copyright, trademark and other laws.
Your use of the Website does not transfer to you any ownership or other rights in the Website
or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Terms of Use and subject to all applicable laws.


7. License
As a participant, you grant to the Owner and its designee as the Owner sees fit, a perpetual, irrevocable, non-exclusive fully paid-up and royalty-free license to use any ideas, comments, other materials or portions thereof (collectively “Content”) you submit to the Owner or its designees without restrictions of any kind, or permission or notification, to you or any third party. Anything submitted to any of the websites owned by the Owner will immediately become the property of the Owner. You agree that any Content you submit to the Owner does not violate the letter or spirit of any law, the rights of any third parties or any other rights. Similarly, the Owner is not obligated to credit you for any Content submitted to the Owner nor does the Owner have any obligation to maintain a confidential, or any other kind of, relationship with you.


8. Disclaimers, liability exclusions / limitations and indemnity
The Owner and its designees will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault of wrongdoing (including without limitation gross negligence and fundamental breach) by the Owner, or any person from whom the Owner is responsible, and even if the Owner has been advised of the possibility of such loss or damage being incurred. The Owner does not warrant or guarantee, in any way, the content that is published to the website. The content is the sole responsibility of the participant originating the content.


9. Personal Information Privacy
The Owner collects, uses and discloses personal information in accordance with its
Privacy Policy, which may be changed from time to time by the Owner in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by the Owner in accordance with the Privacy Policy as it then reads.


10. Moderation of Content
The Owner reserves the right to address any violation of the Code of Conduct or the Terms of Use by a participant, and reserves the right to modify and delete content, or any other type of participation or action on the site, that the participant may have undertaken. This may result in suspension or violation of access rights for a participant or participants.


11. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada.


12. Severability
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.