Terms and Conditions

Welcome to MaRS BIM Solutions (“Company,” “we,” “our,” “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at marsbim.com (referred to individually or collectively as the “Service”), operated by MaRS BIM Solutions.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our Service. By using our Service, you agree to the collection and use of information as outlined in the Privacy Policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree to these Agreements (or cannot comply with them), you may not use our Service. These Terms apply to all visitors, users, and others who wish to access or use the Service.

If you have any questions about these Terms, please contact us at [email protected].

Communications

By using our Service, you agree to receive newsletters, marketing, or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications by following the unsubscribe link or by emailing [email protected].

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through our Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Content found on or through this Service is the property of MaRS BIM Solutions or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

Violate Laws: In any way that violates any applicable national or international law or regulation.
Exploitation: To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
Spam: To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
Impersonation: To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
Fraud: In any way that infringes upon the rights of others, or is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
Restriction: To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

Overburden: Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
Automated Access: Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Unauthorized Monitoring: Use any manual process to monitor or copy any of the material on the Service or for any unauthorized purpose without our prior written consent.
Interference: Use any device, software, or routine that interferes with the proper working of the Service.
Viruses: Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Unauthorized Access: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attacks: Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Company Reputation: Take any action that may damage or falsify the Company’s rating.
Interference: Otherwise attempt to interfere with the proper working of the Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service to improve its functionality and user experience.

No use by minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all the terms and conditions. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Service.

Intellectual property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of MaRS BIM Solutions and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of MaRS BIM Solutions.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

DMCA notice and procedure for copyright infringement claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Error reporting and feedback

You may provide us with feedback, including information and suggestions for improvements, via [email protected]. You acknowledge that:

The Company may have similar development ideas to the feedback.
Feedback does not contain confidential information.
The Company is not obligated to keep the feedback confidential.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by MaRS BIM Solutions. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You further acknowledge and agree that MaRS BIM Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Disclaimer of warranty

The Service is provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, or materials included therein. You expressly agree that your use of the Service is at your sole risk.

Limitation of liability

Except as prohibited by law, you will hold MaRS BIM Solutions and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage arising from your use of the Service.

Termination

We may terminate or suspend your access to the Service without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

Governing law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

Changes to service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, any part of the Service is unavailable at any time or for any period.

Amendments to terms

We may amend these Terms at any time by posting updated Terms on our website. Your continued use of the Service after any such changes indicates your acceptance of the new Terms. We advise users to check this page frequently for any changes, as they are binding.

Waiver and severability

No waiver by MaRS BIM Solutions of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term, and any failure of MaRS BIM Solutions to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or tribunal to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Acknowledgment

By accessing or using our Service, you acknowledge that you have read these Terms of Service and agree to be bound by them. Your use of the Service is conditioned on your acceptance of these Terms and compliance with them. If you disagree with any part of these Terms, then you may not access the Service.

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