Terms of Use

This Website contains information, communications, code, images, sounds, music, graphics, photos, videos, and other material and services (collectively known as the “Content”).

You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Website features are protected by Canadian and International intellectual and industrial property rights, including any applicable copyrights, trade-marks, and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content shall be in accordance with such rights and these terms and conditions.

No professional-client, advisory, fiduciary, or other relationship is established by accessing or otherwise using this Website, or by communicating with EngCap Management by way of e-mail, or otherwise, via this Website.

The Content provided on this Website is for general information purposes only. It is not intended to be legal, professional, or financial advice or opinion of any kind. No one should act, or refrain from acting, based upon this or other general information without first seeking the appropriate legal or other professional advice. If you require advice or opinion, please contact EngCap Management.

EngCap Management has made every effort to ensure that the Content of this Website is accurate. However, EngCap does not warrant or guarantee the accuracy or completeness of the Content, or that this Website will be without errors or omissions. EngCap neither warrants nor represents that your use of the Content will not infringe rights of third parties.

The Content is provided “as is” and “where is”, without warranty of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Content may contain technical inaccuracies or typographical errors and may be changed or updated without notice. In addition, the Content may be inaccurate as a result of, amongst other causes, changes in legislation, court decisions or the passage of time.

In no event shall EngCap Management, its partners, agents, contractors or employees be liable for any loss, cost, or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities, or any other pecuniary, economic or similar loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential, or otherwise, arising out of any use, inability to use or misuse of, or any defects, inaccuracies, errors or omissions in, the Content, this Website, or any hyperlinked website, including without limitation, any injuries, fines, fees, penalties, lost profits, lost savings, business interruption, lost data, loss of programs or of use, without regard to the form of action, even if EngCap has been advised of the possibility of damages. The fact that information is provided on this Website establishes no duty of care of any kind.

Any Social Media posts, comments, likes, reposts, or other activity made by EngCap Management or any other entity within the EngCap Group of Companies, and subsequently linked to on this Website, does not constitute any endorsement, approval, opinions, advice, or recommendation, and the content of which is subject to these Terms of Service herein.

Additionally, we may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

• Contains any type of unauthorized or unsolicited advertising;

• Impersonates any person or entity, including any EngCap employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our sole judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of EngCap Management, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided or collected as part of our services.

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern use of this Website and the interpretation, validity, and effect of these terms and conditions, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this Website and agree not to commence any such action or proceeding except in the Province of Ontario, Canada.

Users of this Website are granted a limited license to display, download or print the Content for their own personal, non-commercial use only, provided (1) neither the Content nor the Website is modified in any manner, and (2) you only use the Content for personal or non-commercial use and you will not redistribute, broadcast, or copy the Content to any other media without the prior written consent of EngCap. Any other use of the Content or the Website is prohibited. Neither the Content nor the Website may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of EngCap.

You may link to the front page of this Website at www.engcap.ca. Any other link to this Website, and any linking to pages within this Website or the reuse or framing of Content is prohibited, without the prior written consent of EngCap.

EngCap makes no representations or warranties whatsoever about any other website which you may access through this Website. When you access a non-EngCap website, you acknowledge that it is independent from EngCap and that EngCap has no liability or control over the content on that website. EngCap does not endorse or accept any responsibility for the content or the use of any hyperlinked website. It is up to you to take precautions to ensure that whatever you access or select for your use is free of items such as viruses and other items of a destructive nature. Further, EngCap assumes no responsibility, and shall not be liable for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the Website or downloading any Content from the Website.

These Terms of Service are in effect as of January 1, 2021. Further, the Terms of Service are subject to amendment in response to any developments in legislation. EngCap may review and revise these Terms of Service from time to time.

If a question arises regarding these Terms of Service, or there are other concerns, please contact us.