Last Modified: September 16th, 2022. 
Welcome to the AccessABILITY Business Guide Application. Please read these Terms of Service carefully
and email us at admin@accessabilitybg.com if you have any questions.
By accessing, downloading or using the AccessABILITY Business Guide Application (the “Service”), you
(“you”, “your” or the “user”) agree to be bound by these Terms of Service and by our Privacy Policy.
These Terms of Service (this “Agreement”) are a legally binding agreement between you and
AccessABILITY Business Guide (“we”, “us” or “AccessABILITY”). If you do not wish to be bound by this
Agreement, you must immediately delete any user accounts that you have created, delete the
AccessABILITY Business Guide Application and cease any and all use of the Service.

  1. CHANGES TO TERMS
    This Agreement may be updated by AccessABILITY from time to time. AccessABILITY expressly reserves
    the right to make any changes to this Agreement, or to the Service and its contents, at any time without
    prior notice to you. All such updates and changes are effective immediately upon posting a revised
    version of this Agreement within the Service. You should view this Agreement frequently to stay
    informed of changes that may affect you, as your continued use of the Service signifies your continuing
    consent to be bound by the terms of this Agreement as revised. If any change to this Agreement is not
    acceptable to you, your only remedy is to stop accessing and using the Service.
  2. ACCESS AND REGISTRATION
    In consideration of your use of the Service:
    a. you represent that you are at least 13 years old;
    b. you agree that all information that you provide to AccessABILITY in connection with your access
    to and use of the Service (including, but not limited to, all information that you provide in the
    registration process) is true, accurate and complete; and
    c. you agree that you will maintain and routinely update such information to keep it true, accurate
    and complete at all times.
    In connection with your use of the Service, you may complete the registration process to create an
    account (an “Account”). You are responsible for maintaining the confidentiality of your Account and
    credentials associated therewith. You are fully and solely responsible for all activities that occur under
    your Account. You agree to immediately notify AccessABILITY of any unauthorized use of your Account.
    You agree that AccessABILITY cannot and will not be liable for any loss or damage arising from your
    failure to comply with these Account requirements.
    We reserve the right to terminate this Agreement and to refuse, restrict or discontinue the Service or
    your Account, or any portion or features thereof, to you or any other person or entity, for any reason or
    for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, in the
    event that any information provided by you in the registration process is, at such time or at any time
    thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and
    conditions of this Agreement. The Service is not available to any temporarily or indefinitely suspended
    users.
  3. USER SUBMISSIONS, CONTENT AND LICENSE TO USE

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AccessABILITY will provide interactive areas through the Service in which users may view content,
transmit communications, and share items. You understand that all information (including your Account
and user name), data, text or other materials (“Content”), whether publicly posted or privately
transmitted, are the sole responsibility of the person who posted or transmitted the Content. This means
that you, and not AccessABILITY, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. AccessABILITY does not control the Content shared
via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will AccessABILITY be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as
a result of the use of any Content shared, emailed, transmitted or otherwise made available via the
Service.
AccessABILITY does not claim ownership of any Content submitted, shared or transmitted by you
through the Service. By posting Content through the Service, including, but not limited to images, text,
or videos, you grant AccessABILITY a non-exclusive, perpetual, royalty-free, paid-in-full license to use the
content in any way without requiring additional consent from or compensation to you. When you post
Content, you represent and warrant that you own or have permission to use the Content, and that no
one’s rights will be violated by any use of it by us.

  1. USE OF THE SERVICE
    Subject only to the limited right to access and use the Service expressly granted to you under this
    Agreement, all rights, title and interest in and to the Service and its components shall remain with and
    belong exclusively to AccessABILITY. You shall not modify, adapt, reverse engineer or hack the Service or
    falsely imply any association with AccessABILITY, or otherwise attempt to gain unauthorized access to the
    Service or its related systems or networks. Except as expressly authorized by AccessABILITY in writing, in
    no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial
    purposes, all or any portion of the Content or the Service.
    You will not use the Service to:
    a. intentionally or unintentionally violate any local, state, federal or international law, rule or
    regulation;
    b. harm, stalk, harass or intimidate another person;
    c. upload, post, transmit, sell or otherwise make available any content, product or service that is
    unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
    obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially,
    ethnically or otherwise objectionable;
    d. falsely state or otherwise misrepresent your affiliation with a person or entity or impersonate
    any person or entity;
    e. upload, post, or otherwise make available any content, that you do not have a lawful, legal right
    to share on this platform;
    f. transmit unsolicited or unauthorized advertising, promotional materials, or any other form of
    solicitation (including, but not limited to, “spam,” “junk mail” and “chain letters”);
    g. make available any content that infringes any patent, trademark, trade secret, copyright or other
    proprietary right of any party;

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h. log onto an Account that you are not authorized to access;
i. collect, store or sell personal data about other users;
j. attempt to probe, scan or test the vulnerability of the Service or any associated system or
network;
k. breach security or authentication measures without proper authorization;
l. interfere with or disrupt the Service or servers or networks connected to the Service;
m. disobey any requirements, procedures, policies or regulations of networks connected to the
Service;
n. upload any viruses, malware, bots, or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or
personal information.
AccessABILITY reserves the right to delete from the Service any Content, postings or member names that
violate this Agreement and AccessABILITY will cooperate fully with any law enforcement officials or
agencies in the investigation of any violator or violators, up to and including complete and immediate
suspension or termination of your accounts with AccessABILITY. You acknowledge that AccessABILITY
may or may not pre-screen Content, but that AccessABILITY and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available
via the Service. Without limiting the foregoing, AccessABILITY and its agents shall have the right to
remove any Content that violates this Agreement or is otherwise objectionable.

  1. THIRD PARTY TECHNOLOGY
    Third party technology may be appropriate or necessary for use of the Service or portions thereof. Your
    right to use such third party technology is governed by the terms of the third party technology
    license agreement specified by the license provider and not by us nor under this Agreement.
  2. COPYRIGHT NOTICES
    For any use of the Service in Canada, AccessABILITY complies with copyright notice requirements under
    the Copyright Act. If you believe that your copyrighted work has been copied and posted through the
    Service in a way that constitutes copyright infringement, you may contact us
    at admin@accessabilitybg.com. We will comply with all properly submitted notices in respect of any
    such conduct in Canada.
    For any use of the Service in the United States, AccessABILITY complies with the Digital Millennium
    Copyright Act (17 U.S.C. § 512). If you believe that your copyrighted work has been copied and posted
    through the Services in a way that constitutes copyright infringement, you may contact us
    at admin@accessabilitybg.com. We will comply with all properly submitted DMCA takedown and
    counter takedown notices in respect of any such conduct in the United States.
  3. CONSENTS
    Before continuing to access and use the Service, you must obtain all required consents and approvals
    from any third parties who may be affected by, or may need to consent to, your access to, posting to and
    use of the Service, whether such consents and approvals are required by this Agreement, law or
    otherwise. You agree to indemnify and hold us harmless, and pay our reasonable attorneys’ fees and
    related costs for any actions or claims made against us for any Content you post or other actions you
    take on or related to the Service.

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  1. MESSAGES AND COMMUNICATIONS
    AccessABILITY may, from time to time, send e-mail, instant messages and social media feeds
    (“Messages”) to you containing event updates, announcements, advertisements, promotions, etc.
    AccessABILITY makes no representation or warranty with respect to the content of any such Messages or
    any events, goods or services which may be obtained from or provided by such third parties, and you
    agree that AccessABILITY shall have no liability with respect thereto. You further agree to receive certain
    periodic communications from AccessABILITY such as newsletters, messages, and announcements, and
    that these communications are considered part of your access to the Service.
  2. PRIVACY POLICY
    Information that you provide or that we collect about you through your access to and use of the Service
    is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by
    reference. To review our Privacy Policy, email admin@accessabilitybg.com for a copy.
  3. CONSENT TO DISCLOSURE
    You acknowledge and agree that AccessABILITY may disclose your Account information if required to do
    so by law or in the good faith belief that such disclosure is reasonably necessary to:
    a. comply with a judicial proceeding, a court order or legal process;
    b. enforce this Agreement; or
    c. respond to claims that you violated the rights of third parties.
  4. MAINTENANCE
    AccessABILITY may, from time to time, interrupt the Service for maintenance and other operational
    reasons, as determined in its sole discretion, and you shall have no claim or recourse for such
    interruptions. AccessABILITY shall not be liable to you or any third party for any interruption of Service
    for any reason, and you hereby release and agree to indemnify and hold harmless AccessABILITY from
    and against any and all claims, costs (including solicitor or attorney’s fees), injuries, losses or damages
    arising in connection with such interruption.
  5. PROPRIETARY CONTENT
    AccessABILITY respects the intellectual property rights of others and expects you to do the same.
    AccessABILITY has expended substantial time, effort and resources to create the Service. You understand
    and agree that AccessABILITY owns or (where required, appropriate or applicable) has licensed from
    third parties the rights to use all right, title and interest in and to Service, and all information, text, data,
    databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content
    contained therein, and the collection, design, selection and arrangement thereof (collectively, the
    “AccessABILITY IP”). You acknowledge that the AccessABILITY IP contains valuable proprietary
    information that is protected by applicable intellectual property and other proprietary rights and laws of
    Canada and other countries, and that you acquire no ownership interest by accessing and using the
    Service and the AccessABILITY IP. Such intellectual property and proprietary rights include, but are not
    limited to, various patents, copyrights, common law and registered trademarks and service marks, trade
    dress protection and trade secrets, and all such rights are and shall remain the property of AccessABILITY
    and its applicable licensors.
  6. COMPLIANCE WITH LAW

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In connection with your access to and use of the Service and that of any person authorized by you to use
the Service, you are responsible for compliance with all applicable laws, regulations and policies of all
relevant jurisdictions. These assurances and commitments by you shall survive termination of this
Agreement.

  1. LINKED SITES
    For your convenience, certain hyperlinks may be provided through the Service which link to websites
    that are not under the control of AccessABILITY. AccessABILITY does not sponsor or endorse such
    websites and is not responsible for the accuracy, content or any aspect thereof. AccessABILITY disclaims
    all liability for such websites, and for any use of the links to such websites or use of such websites
    themselves. AccessABILITY also disclaims all liability and makes no representations or warranties for any
    products or services made available, sold or provided to you by any third party. Your use of other
    websites, and the offer or purchase of products or services on or through such other websites, is subject
    to the terms and conditions thereof. You agree that you will bring no suit or claim against AccessABILITY
    arising from or based on your use of, or the offer or purchase of products or services on or through, such
    other websites.
  2. DISCLAIMER
    Although AccessABILITY strives to make this Service helpful, reliable and current, you understand that
    your access to and use of the Service is at your own initiative and risk. It is your responsibility to take
    precautions to ensure that any information, materials, software or data that you access, use, download
    or otherwise obtain on or through the Service are:
    a. up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for
    which you, or your organization, may desire to use them; and
    b. free of viruses and other destructive routines.
    ALL CONTENT, MATERIALS, PRODUCTS AND THE SERVICE AVAILABLE ON OR THROUGH THIS SERVICE ARE
    PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER,
    WHETHER EXPRESS OR IMPLIED. AccessABILITY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.
    AccessABILITY DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SERVICE AND THE
    MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SERVICE ARE OR
    WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO
    WHICH YOU, OR YOUR ORGANIZATION, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE
    AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR
    THAT THIS SERVICE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR
    THROUGH THIS SERVICE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER
    HARMFUL COMPONENTS.
  3. LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR
    OTHERWISE) SHALL AccessABILITY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
    MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, HEIRS, ASSIGNS AND AGENTS OF ANY OF THE
    FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “AccessABILITY
    ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST, LOSS, LIABILITY, DIRECT, INDIRECT,
    INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
    LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER
    INTANGIBLE LOSS (EVEN IF AccessABILITY ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

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DAMAGE) ARISING FROM OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, THE CONDUCT OF
ANY THIRD PARTY USING THE SERVICE OR THE INABILITY TO USE THE SERVICE. THE PROVISIONS OF THIS
SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE
RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A
JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
DAMAGES, THE LIABILITY OF THE AccessABILITY ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH
THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. INDEMNIFICATION
    You hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of
    the AccessABILITY Associates harmless from and against all claims, demands, suits or other proceedings,
    and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), relating
    to any claim you or anyone else may now or later have due to or arising out of your access to and use of
    the Service, to any other websites accessed from or affiliated with the Service, your violation of this
    Agreement, the Privacy Policy or any violation of any rights of another, including infringement of the
    intellectual property rights of AccessABILITY or third parties. AccessABILITY reserves, and you grant to us,
    the right to assume exclusive defense and control of any matter subject to indemnification by you. All
    rights and duties of indemnification set forth herein shall survive termination of this Agreement.
  2. COOKIES
    We may use cookies or other tracking technologies, including (without limitation), web beacons and
    mobile device identifiers within the Service. You may disable or limit certain tracking technologies in
    your Account settings. Disabling or limiting certain tracking technologies may impact your user
    experience and the functionality of some features. AccessABILITY is not responsible for any such
    changes.
  3. MISCELLANEOUS
    This Agreement and the AccessABILITY Privacy Policy referenced herein (as each may be revised and
    amended from time to time), constitute the entire agreement with respect to your access to and use of
    the Service. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to
    be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you
    shall not contest the admissibility or enforceability of AccessABILITY’s copy of this Agreement in a court
    in connection with any proceeding arising out of this Agreement. This Agreement does not confer any
    rights, remedies or benefits upon any person other than you and AccessABILITY. AccessABILITY may
    assign its rights and duties under this Agreement at any time to any party without notice. You may not
    assign this Agreement without the prior written consent of AccessABILITY. This Agreement shall be
    binding on and enure to the benefit of the parties hereto and their respective permitted successors and
    assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a
    proper legal authority, the validity and enforceability of the other provisions shall not be affected. No
    waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent
    or subsequent breach of the same or any other provision of this Agreement and no waiver shall be
    effective unless made in writing and signed by an authorized representative of the waiving party. This
    Agreement shall not be construed to make you and AccessABILITY a partner, agent or joint venture of
    each other.
  4. APPLICABLE LAW AND CONSENT TO JURISDICTION

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This Agreement shall be governed by and interpreted in accordance with the laws in force in the
Province of Alberta and federal laws of Canada, as applicable. The parties submit to the exclusive
jurisdiction of the courts of the Province of Alberta.

  1. QUESTIONS REGARDING TERMS
    Please contact us with any questions regarding the Service or this Agreement by email
    at admin@accessabilitybg.com.