Last Modified: 27/01/2014
ACCEPTANCE OF TERMS
THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL CONTRACT. PLEASE READ THEM CAREFULLY.
By using eastbaylegion.ca (the “Site”) or any of its sub domains, even if you have not you have registered or signed-in, you are accepting the following terms and conditions of that use (the “Terms”). If you are dissatisfied with the Terms, your sole recourse is to discontinue use of the Site. If you are not of legal age to enter into a binding contract, or are otherwise prohibited by the laws of Canada or Nova Scotia, you may not use the Site or accept the Terms. You also agree that the Site may, at any time and at its sole discretion, with or without cause (which may or may not include breach of the Terms), terminate your right to use any or all of the Site.
East Bay Legion Branch 151(the “Company”) are the sole owner of all materials and content on eastbaylegion.ca and its sub domains, including, but not limited to, all text, articles, photographs, audio clips or other sounds, video clips, illustrations, computer software, code, or other media (collectively “Content”). All Content is protected by Canadian and foreign copyright laws, and any reproduction, alteration, display, redistribution or exploitation of the Site or any of its Content, whether whole or in part, other than expressly stated in these Terms, is prohibited without the express written consent of the Company.
By accepting the Terms you are agreeing that all personal information or other Content that you provide is accurate, current and complete, that you will maintain and keep this information accurate, current and complete, and that you are solely responsible for any actions taken by you or anyone using your account. You agree that you will maintain the security of your password. You also agree that you are human, as accounts created by automated programs are not permitted.
All users agree to comply with any laws and regulations applicable to their conduct, as well as all of these Terms. As part of these Terms you agree that in your use of the Site:
(i) You will not post, link, or distribute material or information that constitutes or encourages unlawful behaviour, libel, abuse, harassment, profanity, defamation, threats, pornography or indecency, that is offensive or objectionable, or would otherwise create a civil liability;
(ii) You will not interfere with the use or enjoyment of the Site by others, or with the legal rights of others, including but not limited to, rights to privacy or intellectual property;
(iii) You will not post, link, or distribute information or material that contains a virus or other harmful content;
(iv) You will not post, link, or distribute any form of unauthorized advertising, promotional materials or solicitation, or collect or use information on the Site for that purpose;
(v) You will not register for more than one account or register on behalf of another person or entity;
(vi) You will not upload, post, link or otherwise disclose the personal information of any third party;
(vii) You will not solicit personal information from anyone under the age of 18, or solicit passwords or information for commercial or unlawful purposes;
(viii) You will not attempt to impersonate anyone else or attempt to use any account other than your own;
Failure to abide by any of these conditions constitutes a breach of the Terms and may result in immediate termination of your rights to use the Site, including removal of your account. You also agree that the Company has the right to monitor, review or edit your account at any time, and, at its sole discretion, with or without cause (which may or may not include breach of the Terms), terminate some or all of your rights to use the Site.
LINKING AND ADVERTISMENTS
Parts of the Site include links to other sites. Whether these links are included in the Content or in advertisements, they exist solely as a convenience to you, and the Site does not: (i) endorse; (ii) take responsibility for; or (iii) make any representation or warranty including, but not limited to, the legality, accuracy, reliability, completeness, timeliness or suitability of; any Content, goods or services you may reach through any link or advertisement. If you choose to visit another site, you agree that you do so solely at your own risk, and that these Terms and conditions no longer apply once you have left the Site.
TRADEMARKS AND COPYRIGHTS
Site graphics, logos, designs, page headers, and button icons are registered or unregistered trademarks of the Company, and may not be used, copied or imitated, in whole or in part, without the prior written permission of the Company.
DISCLAIMER OF WARRANTIES
THE SITE AND ITS CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE”, AND BY YOUR USE OF THE SITE, ITS CONTENT, OR LINKS CONTAINED ON THE SITE YOU AGREE THAT ANY AND ALL USE IS AT SOLELY YOUR OWN DISCRETION AND RISK. THE COMPANY AND ANY OF ITS REPRESENTATIVES, LICENSORS, AND AGENTS MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT (i) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, TIMELY, RELIABLE OR SUITABLE, (iii) THE SITE OR ITS CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONTENT, (iv) YOUR USE OF THE SITE WILL BE UNITERUPTED OR ERROR-FREE, (v) COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE, (vi) ANY DEFECTS OR ERRORS IN THE SITE OR ANY AFFILIATED SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COMPANY, THE SITE, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCESSORS BE LIABLE FOR:
(A) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS, INCUDING, BUT NOT LIMTED TO, LOSS OF PROFIT, SAVINGS, GOODWILL, REPUTATION, DATA, COST OF PRUCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE.
(B) LOSS OR DAMAGES INCURRED, INCUDING BUT NOT LIMITED TO, THOSE ARISING FROM (i) USE OR INABILITY TO USE THE SITE OR ITS CONTENT (ii) UNAUTHORIZED ACCESS OR MODIFICATION OF YOUR CONTENT OR COMMUNICATIONS, OR YOUR FAILURE TO PROTECT YOUR PASSWORD (iii) ACTS, OMMISIONS OR CONDUCT OF ANY KIND BY ANY THIRD-PARTY USER OF THE SITE OR ITS CONTENT, OR ANY ADVERTISER OR SPONSER OF THE SITE (COLLECTIVELY “THIRD-PARTY USER”) (iv) ANY USE OR INABILITY TO USE SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE BY ANY OTHER SITE LINKED TO OR FROM THE SITE (v) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, RELIABILITY, OR EXISTANCE OF ANY THIRD-PARTY USER (vi) ANY CHANGES MADE TO THE SITE OR ITS CONTENT, WHETHER TEMPORARILY OR PERMANTLY, OR ANY CORRUPTION, DELETION, OR FAILURE TO STORE ANY CONTENT, DATA OR TRANSMISSION (vii) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENT.
THE LIMITATIONS ON LIABILITY STATED ABOVE ARE REGARDLESS OF WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OR COULD HAVE FORESEEN THE POSSIBILITY OF ANY SUCH LOSS ARISING.
In accepting the Terms, you agree to indemnify, defend and hold harmless the Company and any of its owners, directors, officers, employees, agents, licensors, contractors, partners, and their respective successors or assigns, from any loss, liability, claim, charge, cost or expense whatsoever, including but not limited to reasonable legal fees, arising from: Any Submission provided or shared by you or your account, your use of the Site or its Content, your breach of the Terms, or your violation of any law or the rights of a third party.
As there can be no guarantee of security when dealing with the internet, the Company makes no warranty as to the security of communications either to or from the Company, and no warranty that such communications, even those containing private data or personal information, will never be intercepted.
GOVERNING LAW AND JURISDICTION
The Site is maintained and operated from its offices within the Province of Nova Scotia. These Terms are to be governed by the laws of the Nova Scotia and Canada, without making reference to the conflict of laws principles. If you are accessing the Site from outside the Province, you must make sure that you are in compliance with all applicable laws, whether they be provincial or federal. You hereby agree to submit to the jurisdiction of the Courts of Nova Scotia and/or the Federal Court of Canada. You also agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
These Terms may change at any time, and the most current version may be viewed at eastbaylegion.ca and identified by the date of revision at the top of the page. Any use of the Site shall be interpreted by the Company as agreeing to the most current version of the Terms at the time of use. If for any reason the Company should give consent to breach any part or condition of the Terms, it shall not be considered under any circumstances consent to any other breach or subsequent breach. If any part or condition of the Terms is ruled by a Court of relevant jurisdiction to be invalid, it shall be severed, and all other parts will continue to constitute a legally binding contract.