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Disclaimer

Stuart Nechako eCommunity: Terms of Use

Welcome to http://www.stuartnechako.ca

The Stuart Nechako Regional Economic Development Society (REDI) is the eCommunity (EC) organization that provides the http://www.stuartnechako.ca web site and web pages (collectively the “Site”), photos, graphics, video, or audio presented (collectively the “Content”) as a private service.

EC also provides all http://www.stuartnechako.ca users with a variety of information, products, services, tools and resources including, but not limited to groups, newsletters, polling, and information found through links to other websites (the “Services”).

Your access and use of the Site and the Services is subject to the following terms of use.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE ACCESSING AND USING THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE (THE “TERMS”) AND THAT YOU ACCEPT AND WILL BE BOUND BY THE TERMS.

Description of Services
You understand and agree that EC provides a venue for the Services solely as a business service. As result, the Site, the Services and the Content are provided on an “AS-IS” basis and EC assumes no responsibility for the timeliness, unavailability, deletion or mis-delivery of the Services.

Changes to Terms of Use
From time to time, it may become necessary for EC to change these Terms. Accordingly, you agree that EC hereby may change these terms at any time and from time to time without further notice to you. In the event of such a change, all changes to the Terms shall take effect upon the notice of change being posted on the Site. You are responsible for regularly reviewing the Terms, and your use of the Site following the posting of any such change to the Terms constitutes your acceptance of such changes.

You agree that EC shall not be liable to you or any third party for any changes to, or suspension or discontinuation of the Service.

Unless otherwise expressly provided, any new features that augment or enhance the current Site or Services shall also be subject to the Terms.
Use of Site

EC grants you a non-exclusive, non-transferable, limited license to view or print a single copy of the individual screens you see when you use the Site and the Services without alterations and solely for your personal, non-commercial use (the “License”). You agree not to distribute or transfer copies to others in exchange for money or other consideration. You may not and you agree not to modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Site or the Services. You agree not to sub-license, assign, or convey the License or any rights granted out of the License.

Except for allowing you to use the Site and the Services for your personal use in the manner described above, you agree that you are not receiving a transfer, license or any other rights from EC or its third party providers including, without limitation, any intellectual property or other proprietary rights of EC or any of its third party providers.

YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS TO THE SITE, THE SERVICES OR THE CONTENT OR ANY OTHER PROPERTY OF REDI AND ITS THIRD PARTY PROVIDERS EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.

Intellectual Property Ownership
The Site, the Services and all Content thereon is and shall continue to be owned exclusively by EC or its third party content providers and is protected under applicable Canadian and international copyrights, patents, trade-marks, trade dress and other proprietary rights.

EC, http://www.stuartnechako.ca, citysoup.net and other trade marks, trade names, logos, service marks and other names identifying EC, the Site, the Services or the Content and third parties are the trade-marks of EC and its third party providers (content contributors or otherwise) (the “Marks”). Without the prior written permission of EC or its third party providers (content contributors or otherwise) (as applicable) you agree not to display or use the Marks in any manner.

Right to Regulate
You agree that you must evaluate and bear all risks associated with the use of Content from the Site and the Services including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content.

You acknowledge that the technical processing and transmission of the Site and the Services including any Content you may provide may involve: (i) transmission over various networks of computers which may be controlled by third parties; (ii) changes to your Content to conform to and adapt to technical requirements of connecting networks or devices. Accordingly, you agree that in no event will EC be responsible for lapses in online security and that EC does not assume liability for improper use of your content or any content.

Access to Site
You are responsible for obtaining access to the Site and the Services. You acknowledge that such access may involve establishing an account with an internet service provider and that you will be responsible for any third party fees associated with such access (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment (including computer, modem and other communication devices) and software necessary to access the Site and use the Services.

Use by Minors
Parents or legal guardians are solely responsible for supervision of anyone under the age of 18 years that attempts to access and use the Site or the Services. EC is not responsible for the Content contained on the Site or obtained through the Services. You agree that EC and its third party providers (content contributors or otherwise) have no obligation to monitor or regulate the Site, the Services or the Content. However, EC reserves the right to take such action it deems appropriate if it becomes aware of inappropriate use of the Site.

Disclaimer of Products or Services
You understand that, except for information, products or services clearly identified as being supplied by EC, EC does not operate, control or endorse any information, products or services on the Site or obtained through the Services. Except for EC-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties. References made to any specific products, process or service by any means does not constitute or imply an endorsement or recommendation thereof. You also understand that EC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You agree that you are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost or corrupt data.

International Use
You acknowledge the global nature of the Internet and hereby agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

Indemnity
You agree to indemnify and hold EC, and its members, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of: Content you submit, post, transmit or make available through the Services; your use of the Services; your connection to the Services; your violation of the Terms; or your violation of any rights of another.

Links
The Site or the Services may contain or provide, or third parties may provide, links to other World Wide Web sites or resources. Since EC has no control over such sites and resources, you acknowledge and agree that EC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Privacy
You acknowledge that you have read the EC Privacy Policy, the terms of which are incorporated herein by reference, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in the EC Privacy Policy.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EC MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, USEFUL OR COMPLETE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) THE SITE IS OR WILL BE COMPATIBLE WITH ANY SOFTWARE YOU USE IN CONJUNCTION WITH THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EO, THE SITE, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties, representations or conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Notices
Notices to you may be made via either email or regular mail. EO may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the site or through the Services.
Miscellaneous

Governing Laws
These Terms shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia.
Equitable relief. You acknowledge that any breach by you of the provisions of these Terms will cause irreparable damage to EC or others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, EC and others will be entitled to injunctive relief for any breach of these Terms.

Severability
Any provision hereof which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

Entire Agreement
These Terms and any additional terms that are incorporated by reference herein from time to time constitute the entire agreement between you and EC pertaining to the subject matter hereof. You agree to review these Terms prior to any use of the Site, and each Site use by you shall constitute and be deemed to be your unconditional acceptance of these Terms.

Survival of certain provisions. All provisions or obligations contained in these Terms which by their nature or effect are required or intended to be observed, kept or performed after termination of these Terms will survive the termination of these Terms and remain binding upon and for the benefit of the parties, their successors and permitted assignees.

Waiver
No delay or omission to exercise any right or remedy accruing to EC upon any breach or default by you shall constitute a waiver by EC or any breach or default. No waiver by EC shall be deemed to have been made unless expressed in writing and signed by EC.

Headings
The division of these Terms into article, sections, paragraphs and other divisions and the insertion headings are for convenience of reference and shall not affect the construction or interpretation hereof.

No agency
You and EC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Conflicts
If these Terms conflict with a provision of any other contract between you and EC relating to the Site, the provision of such other contract shall govern, but only insofar as is necessary to resolve such conflict.

Privacy
You acknowledge that you have read the EC Privacy Policy, the terms of which are incorporated herein by reference, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in the EC Privacy Policy.