TERMS OF USE
USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT WITH ALL OF THE FOLLOWING:
By accessing or using the Calgary Assessment Review Board Website, (this "Site") you accept and agree to be bound by this Terms of Use Agreement (this ”Agreement”). If you do not agree with this Agreement or any term or condition contained in it, immediately discontinue use of this Site.
This Agreement is between you (“you” or “your”) and the Calgary Assessment Review Board (the “Board”) and may be modified or discontinued or unavailable, temporarily or permanently, at any time, with or without notice. Your use of this Site is subject to this Agreement as posted on this Site at the time of use.
- Ability to Accept Terms of Use. You are either at least 18 years of age, or possess legal or guardian consent, and are fully able and competent to accept and be bound by the terms of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are a legal guardian (a “Minor”), to use this Site, you are solely responsible for (i) the online conduct of the Minor, (ii) monitoring the Minor’s access to and use of the Site, and (iii) the consequences of any use of the Site by the Minor. - Copyright and Intellectual Property Rights. The Board owns the intellectual property rights, including copyright, or has acquired the necessary licences in the information on this Site, including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of this Site (collectively the “Contents”).
The Contents on this Site and its compilation is 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 Calgary Assessment Review Board Site. This Site provides you with a web portal for any one or more of the following: (i) filing documents relating to Board hearings, (ii) providing document disclosure or evidence relating to Board hearings, or any combination of the foregoing, (iii) receiving and viewing scheduling notices, (iv) filing requests for postponements or withdrawals for Board hearings, (v) paying fees, and (vi) receiving notice of Board decisions (collectively the “Submissions”).
All Submissions made through this Site relate only to communications with the Board. Submissions made through this Site will NOT be deemed as valid service or notice to any person who is party to, or concerned with, a Board hearing. - Licence. The Board grants you a limited, non-exclusive, non-transferable licence to access and make personal use of this Site for the sole purposes of making Submissions. You are strictly prohibited from modifying this Site in any manner whatsoever.
No derivative use of the Site or its Contents or any use of data mining, robots, spiders, search/retrieval applications or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site automatically terminates the license and all limited rights or permission granted by the Board.
You are fully responsible for any consequences resulting from your use of this Site.
Unless expressly stated otherwise, any new features that augment or enhance this Site are covered by this Agreement. - Submissions and Conduct. You may make Submissions to the Board through this Site. If you make Submissions through this Site, you hereby grant the Board an irrevocable and non-exclusive right to use, reproduce, publish, distribute and display such Submissions worldwide, as the Board deems necessary in its sole discretion. All Submissions to the Board become public documents and the Board does not guarantee any confidentiality with respect to your, or any, Submissions. The Board does not assume responsibility for the content or quality of any Submissions made to this Site.
If you provide Submissions deemed abusive, untrue, inaccurate, offensive, not current, incomplete, or generally of a nature that does not pertain to the designated topic or theme, or the Board has reasonable grounds to suspect that such information is abusive, untrue, inaccurate, offensive, not current, incomplete or generally of a nature that does not pertain to the designated topic or theme, the Board has the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof).
The Board has the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Submissions that are available through this Site. In addition, the Board has the right to remove any Submissions that violate this Agreement or are otherwise deemed objectionable. You must evaluate and bear all risks associated with the use of any Content or Submissions including any reliance on the accuracy, completeness, timing or usefulness of such Content or Submissions.
In the event this Site is modified, suspended or discontinued, or otherwise becomes unavailable for any reason whatsoever, you bear the sole responsibility to ensure that any deadlines imposed by the Board for your Submissions are met.
Submissions made to the Board through this Site must be in one of the following file formats: doc; docx; pdf; xls; xlsx; rtf. Submissions made in a different format will be neither received nor processed.
You are solely responsible for obtaining access to this Site, and such access may involve third party fees (such as internet service provider or airtime charges) for which you are solely responsible.
You represent and warrant that the content of your Submission does not violate this Agreement. - Personal Information. The Board may from time to time, but is not obligated to, collect, store, use and disclose to officers or employees of the Board, personal information necessary for the purpose of addressing your Submissions. You hereby consent to such collection, storage, use and disclosure.
Personal information that you provide to the Assessment Review Board as part of the Complaint Process is collected under the authority of section 33(c) of the Freedom of Information and Protection of Privacy Act (Alberta)(FOIP). In addition to utilizing personal information submitted as part of the Complaint Process, personal information may also be used the Assessment Review Board after the completion of the Complaint Process to contact you to seek voluntary input regarding your Complaint Process experience. This input will be used for the purpose of assisting Assessment Review Board in evaluating and improving the Complaint Process and related procedures.
Collected personal information is protected from unauthorized access, collection, use and disclosure in accordance with FOIP and can be reviewed upon request subject to the provisions of FOIP.
Questions regarding the collection of personal information can be directed to:
• ARB Coordinator, 1212-31 AV NE, 403-268-5901
- Statutory Compliance. Notwithstanding any claims or intentions otherwise posted to the Site, You are responsible for ensuring any Submissions are made in compliance with the City of Calgary Property Tax Bylaw, the City of Calgary Business Tax Bylaw, The Calgary Assessment Review Board Bylaw and the Municipal Government Act with its corresponding regulations, including, but not limited to, the Matters Relating to Assessment Complaints Regulation, the Matters Relating to Assessment and Taxation Regulation and the Community Organization Property Tax Exemption Regulation.
- Agents. Any agent who uses this Site on behalf on an assessed person must be duly authorized as the agent of that person in compliance with the statutes and regulations of Alberta.
- Limitation of Liability and Disclaimer of Warranties and Conditions. The Contents, Submissions, products and services on this Site are provided in good faith on an “as is” and “as available” basis and are current at the time of posting.
The Board disclaims all warranties or conditions, express or implied, in respect of the Contents, Submissions, products and services considered by this Agreement, 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 BOARD IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, SUBMISSIONS, PRODUCTS OR SERVICES PROVIDED BY THIS SITE, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE. - Indemnity. You agree to indemnify, defend and hold harmless the Board and its chairpersons, officials, officers, employees and authorized representatives from and against any liability, all forms of loss injury, 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, Submissions, products or services provided by this Site.
- Links. Links to third-party websites are provided solely as a convenience to you. These other websites are independently developed by parties other than the Board and the Board assumes no responsibility for the accuracy or appropriateness of the information contained in such websites. The inclusion of any link to another website does not imply an endorsement by the Board and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third-party websites, you do so entirely at your own risk.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site, so long as the link does not portray the Board, its officials, its employees, or its Content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission. - Site Policies, Modification and Severability. The Board reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part of it) with or without notice. Any changes or additional terms to this Site are effective immediately upon their posting on the Site. You agree that the Board will not be liable to you or to any third party for any modification, suspension or discontinuation of this Site (or any part of it).
Your use of this Site is subject to this Agreement posted on the Site at the time of your use.
In the event any of the conditions in this Agreement are determined to be invalid, void or for any reason unenforceable, such conditions will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
The Board’s failure to assert or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. - Survival. Any Sections which by their sense or context are intended to survive the termination or expiration of this Agreement will survive, including but not limited to Section 6 (Personal Information), Section 9 (Limitation of Liability), and Section 2 (Intellectual Property).
- Request for Permission and/or Further Information. Any use beyond the scope permitted by this Agreement requires express written permission from the Board. The requirements for obtaining written permission may include but are not limited to an additional formal license agreement to which a license fee may apply.
- Currency and Payment Obligations. All dollar amounts relating to payment of any fees required on this Site are in Canadian dollars and include the Goods and Services Tax or any other form of sales or value added taxes as required. All payment of fees required on this Site must be made by Visa or MasterCard. Payment must be made prior to receiving the associated services or making the Submissions for which payment is required. The Board reserves the right to change any fees required on this Site at any time with or without notice to you.
- Termination. If you violate this Agreement or other policies and guidelines posted on this Site, your permission to use the Content or Submissions automatically and immediately terminates and you must immediately destroy any copies you have made of the Content or Submissions. The Board reserves all of its rights at law and in equity.
- Arbitration. Any and all disputes, claims or controversies arising out of or in any way connected with or arising from this Agreement, or any failure of the parties to reach agreement with respect to the matters provided for in this Agreement and all matters of dispute relating to the rights and obligations of the parties which cannot be amicably resolved will be referred to and finally resolved by private and confidential binding arbitration held in Calgary, Alberta, Canada, in English and governed by Alberta law pursuant to the Arbitration Act, R.S.A. 2000, c A-43, as amended, replaced or re-enacted from time to time.
- Entire Agreement. This Agreement contains the entire understanding and agreement between you and the Board with respect to the subject matter of this Agreement.
- Governing Law and Jurisdiction. The use of the Site is governed by the laws in force in the Province of Alberta and Canada. You agree to 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 does not apply.
BY CLICKING ON “I AGREE” BELOW YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT FAILURE TO READ THESE TERMS AND CONDITIONS WILL STILL RESULT IN A BINDING AGREEMENT BETWEEN YOU AND THE BOARD.