Version 1.0 - December 2021

  1. Purpose. These Terms of Use are intended to protect the City of Edmonton (the “City”) and promote the City's commitment to equity. If you have any questions or comments about these Terms of Use, please feel free to contact us at zoningbylawrenewal@edmonton.ca.

  2. Contents. The City’s GBA+ & Equity Toolkit (the “Toolkit”) consists of the following elements:

    1. GBA+ & Equity Toolkit Story Document
    2. GBA+ & Equity Toolkit Community Conversations Summary
    3. GBA+ & Equity Toolkit - Compass
    4. GBA+ & Equity Toolkit Libraries of Historical Negative Externalities (HNEs) and Equity Regulations (EQRs)

     

    These Terms of Use apply to all parts of the Toolkit, unless otherwise stated. For the avoidance of doubt, references to the “Toolkit” includes both the whole Toolkit and any of its constituent parts.

  3. Authority. You agree to these Terms of Use by either:

    1. clicking to accept the Terms of Use; or
    2. viewing, using, making a copy of, or downloading the Toolkit.

     

    You confirm that you are at least 18 years of age and that you have full capacity and authority to accept and be bound by these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to the Terms of Use. Review these terms of use carefully; if you do not agree with any part of this agreement, do not accept the Terms of Use or view, use, or download the Toolkit.

  4. Licence. For those parts of the Toolkit owned by the City, the City grants you a worldwide, royalty‐free, non‐exclusive licence to use, modify, and distribute the Toolkit in all current and future media and formats for any lawful, non-commercial purpose. You are free to copy, modify, publish, translate, adapt, distribute, or otherwise use the Toolkit in any medium, mode or format for any lawful purpose. You agree that this licence does not give you a copyright or other proprietary interest in the Toolkit. If you distribute or provide access to the Toolkit to any other person, whether in original or modified form, you agree to include a copy of, or this Uniform Resource Locator (URL) for, these Terms of Use and to ensure any such person agrees to, and is bound by, them without introducing any further restrictions of any kind. For portions of the Toolkit not owned by the City, you must review the licence terms and restrictions included with those portions.

  5. Giving City Credit. Although you are not required to credit the City for each use or reproduction of the Toolkit, you are entitled to do so and encouraged to conspicuously announce that these materials are publicly available from the City’s website. Upon the request of the City, you may be required to remove a credit from future uses or reproductions should the City, in its sole discretion, request that you do so.

  6. Future Changes to Datasets/Terms of Use. The City may at any time and from time to time add, delete, or change the Toolkit or these Terms of Use. Notice of changes may be posted on the City’s website. Any change is effective immediately upon posting, unless otherwise stated.

  7. Compliance with Law Your Responsibility. You assume sole responsibility for your use and reproduction of the Toolkit and for complying with all applicable laws and industry standards.

  8. No Warranty with Toolkit. Your use of the Toolkit is solely at your own risk and you are fully responsible for any consequences arising from that use. The Toolkit is provided on an “as is” and “as available” basis, and you agree to use it solely at your own risk. There are no warranties, express or implied, in respect to the Toolkit or your use of it, including without limitation, implied warranties of non-infringement and conditions of merchantability and fitness for any particular purpose. For example (but without limiting the total intended scope of the preceding sentence):

    1. while reasonable efforts have been made in preparing the Toolkit, the City does not give any warranty or representation, whether express or implied, as to the completeness, currency, appropriateness, or accuracy of the Toolkit or that access will be continuous;
    2. the City does not make any representation that the Toolkit is free and clear of any possible third party copyright, moral rights, other proprietary right or other claim;
    3. the City does not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links and other items contained in the Toolkit.

     

    The Toolkit does not represent an official statement of City policy, practice, services or procedure, and should not be construed as such.

  9. Exclusion of Liability. You expressly agree that the City is not liable to you for any direct, indirect, incidental, consequential, special, or other damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your access to or use of the Toolkit. You will not and cannot sue the City for anything which the City does or does not do (even if intentional or negligent) in connection with the Toolkit and your use or inability to use it or any part of it. Without limiting the general scope of the preceding sentence, this means that the City and its officers, employees, representatives and agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction or any other damages or losses arising from your access to, and use of, the Toolkit.

  10. Liability for Not Complying with Terms of Use. You agree to indemnify, defend and hold harmless the City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your access to or use of the Toolkit, including, but not limited to, your connection to the Toolkit or your use of the Toolkit. You agree to cooperate fully in the defence of any such claim. The City reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the City.

  11. Cancellation for Non‐Compliance. The City may at any time for any reason, in its sole discretion, cancel or suspend your access to the Toolkit without notice and for any reason, including without limitation anything which the City, in its sole discretion, believes is a breach of these Terms of Use or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to use or reproduce the Toolkit, and the City may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has received the Toolkit from you and who is otherwise in compliance with these Terms of Use.

  12. No Endorsement. You may not publicly represent or imply that the City is participating in, or has sponsored, approved or endorses the manner or purpose of your use or reproduction of the Toolkit.

  13. No Association. You may not use any trade‐mark, official mark, official emblem or logo of the City, or any of its other means of promotion or publicity, without the City's prior written consent nor in any event to represent or imply an association or affiliation with the City.

  14. No Waiver. You agree that, if the City does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that the City has the benefit of under any applicable law), this will not be taken to be a formal waiver of the City's rights and that those rights or remedies will still be available to the City. Any waiver of any provision of these Terms of Use will be effective only if the City expressly states in a signed writing that it is waiving a specified provision.

  15. Governing Law and Jurisdiction. The Toolkit is published from within the Province of Alberta, Canada. These Terms of Use are governed by Alberta law and the City and you now irrevocably submit to the exclusive jurisdiction of Alberta courts with respect to any and all matters arising under these Terms of Use or access to, or use of, the Toolkit.