Web Use Agreement
1. Document Control
This version of the Web Use Agreement for the websites in the domains of primetimersnanaimo.org, primetimersnanaimo.com, nanaimoprimetimers.org and nanaimoprimetimers.com and all their subdomains is in effect since the domain inception 15 March 2018. There are no previous versions.
2. General Notice
This Agreement governs use of the website for the domains of primetimersnanaimo.org, primetimersnanaimo.com, nanaimoprimetimers.org and nanaimoprimetimers.com and all their subdomains. It exempts domain owners and other persons from liability or limits their liability. It contains other important provisions that you should read. By using the website, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement. If you do not accept and agree to this Agreement, you do not have permission to access or use the website. The website is administered by the Webmaster of Prime Timers Nanaimo from Nanaimo, British Columbia, Canada. Information, products and services referenced on the website are not intended for or available to persons who reside in or are located in jurisdictions which do not respect intellectual freedom. See Section 4 for additional details.
3. Your Acceptance of This Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes individuals and any type of incorporated or unincorporated entity) and Prime Timers Nanaimo("Prime Timers Nanaimo", "we" or "us" or "our") regarding your access to and your use of our websites and all content, information, products and services available on or through the websites (referred to collectively as the "Websites" and singularly as the "Website"). This Agreement also provides benefits to Prime Timers Nanaimo members, friends and associates, service providers, suppliers and other persons. Each time you use the Website you signify your acceptance and agreement and the acceptance and agreement of any person you represent, without limitation or qualification, to be bound by this Agreement as it then reads. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of this Agreement, or if you are not authorized to agree to and accept this Agreement on behalf of the person you represent, you do not have permission to access or use the Websites.
4. Permission to Use the Websites
Subject to the additional restrictions in this section:
- Without prior permission, the Websites may be accessed and used only by persons who reside in and are located in jurisdictions which respect intellectual freedom.
- The information, products and services referenced on these Websites are not intended for or available to persons who reside or are located in jurisdictions which do not respect intellectual freedom.
- Access to the Websites from locations where the any of the Websites are illegal is prohibited.
- Persons who access any of the Websites are required to inform themselves about and observe the laws that apply in the jurisdictions where they are accessing and using the Website.
- A Website may be accessed and used only by individuals who:
- have reached the age of majority in their jurisdiction where they are accessing and using the Website
- can form legally binding contracts under applicable law; and
- have accepted this Agreement.
- You may not use the Website if we have previously refused, revoked or terminated our permission for you to do so.
5. Scope of This Agreement
This Agreement governs your use of the Websites. It is the entire agreement between you and Prime Timers Nanaimo relating to your use of the Websites. It supersedes all previous agreements, written, oral or otherwise, between you and Prime Timers Nanaimo regarding your use of the Websites. This Agreement is in addition to and supplements any other written agreements you may have with Prime Timers Nanaimo concerning your dealings with us generally. Information, products and services available on or through the Websites may also be subject to additional applicable terms and conditions and disclosures. If there is any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreements that you or any persons you represent have with Prime Timers Nanaimo, the provisions of this Agreement will govern regarding access to and use of the Websites. The other agreements will govern all other matters.
6. Changes to This Agreement
Prime Timers Nanaimo may, in our discretion, amend, change or supplement this Agreement from time to time as it relates to future use of the Websites, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Website. By using the Websites after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by the revised Agreement. You represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you do not have permission to access or use the Websites. You may not change, supplement, or amend this Agreement in any manner.
7. No Advice
The Website is for informational and demonstrative purposes only. The Website is not:
- a comprehensive or detailed statement concerning its informational content,
- professional or expert advice or recommendations, nor
- an offer, solicitation, or recommendation buy any product or service.
You should obtain appropriate professional advice before acting or omitting to act based upon any information provided on or though the Website.
8. Errors, Omissions and Corrections
Prime Timers Nanaimo endeavours to provide accurate information on and through the Websites, but errors or omissions may occur and information may become out of date. We do not guarantee the accuracy, completeness, or timeliness of the information available on or through the Websites. We may in our discretion change the information available on or through the Website at any time or from time to time and without notifying or being liable to you or any other person. You may obtain complete and up-to-date information about the products, services and other matters referenced on the Websites by contacting us by one of the means given on the Contacts page.
9. Security and Email
You are solely responsible and liable for setting-up, maintaining and regularly reviewing security arrangements concerning your access to and use of the Websites and information stored on your computing and communications systems. You will not do anything that might compromise the security of the Websites or the systems or security of any other users of the Websites. Email is not secure or confidential unless properly encrypted. Consequently, we discourage the use of email to send us personal or financial information. If you use email for those purposes, you do so at your own risk. We will not be responsible or liable to you or any other person for any loss or damage suffered as a result of your use of email to communicate with us, or our use of email to communicate with you or other persons at your request.
10. Submissions of Information and Communications
To use portions of the Websites, you may be required to submit information through the Websites. You will ensure that all information you submit through the Website is true, accurate, current and complete. Prime Timers Nanaimo will rely upon the information you submit. You will be responsible for any and all loss, damage, liabilities, obligations or additional costs that you, Prime Timers Nanaimo or any other person may incur as a result of your submission of any false, incorrect or incomplete information. If you use the Website or email to communicate with us, you authorize us to accept those communications as if they had been given directly by you in writing and signed by you, and to respond to your communications by Internet communications, email or other means. Communications you send to us are effective only and until the responsible representatives of Prime Timers Nanaimo process them. We may refuse to process any communications sent to us, or may reverse the processing of any communications sent to us, at any time in our discretion and without notifying or being liable to you or any other person, including without limitation if:
- we cannot process the communications;
- the communications violate any provision of this Agreement or any other agreement that you may have with us;
- we consider that the communications may be fraudulent or unlawful; or
- there is an operational failure or malfunction in connection with the transmission of the communications.
11. Disclaimers, Liability Exclusions, Limitatiions and Indemnity
Prime Timers Nanaimo strives to make your use of the Websites an informative experience. Nevertheless, we do not accept any liability for your use of the Websites. For that reason, the following provisions apply to matters arising from, connected with or relating to the Website:
- You access and use the Websites at your own risk.
- The Website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied.
- This includes, without limitation, implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, quality, results, security, sequence, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by Prime Timers Nanaimo to the fullest extent permitted by law.
No Representation, Warranty, Condition or Guarantee
Without limiting the generality of the disclaimers above, Prime Timers Nanaimo makes no representation, warranty, condition or guarantee that:
- the Websites will be compatible with your computer and related equipment and software;
- the Websites will be available or will function without interruption or will be free of errors or that any errors will be corrected;
- the Websites will meet your requirements;
- the information available on, through or connected with the Websites will be timely, uninterrupted, sequential, accurate, authentic or complete, certain nor that any results may be obtained through the access to or use of the Websites; and
- the access to and use of the Website will be free of viruses, trojan horses, worms or other destructive or disruptive components and will not infringe the rights (including intellectual property rights) of any person; and Prime Timers Nanaimo disclaims any and all liability regarding such matters to the fullest extent permitted by law.
Certain documents and information available on, through or in connection with the Websites including statements which contain words such as "could", "expect", "believe", "plan", "may", "will" and similar expressions, and statements relating to matters that are not historical facts, are forward-looking statements. Actual results, performances or achievements may be materially different from results, performances or achievements expressed or implied by such forward-looking statements. Forward-looking statements are qualified by known and unknown risks and uncertainties surrounding future expectations. We are not liable or responsible in any way for any delays, inaccuracies, errors or ommissions in information, or for any damages, losses or costs arising from reliance on any information. You should verify the accuracy of information available on, through or in connection with the Websites before taking action based upon such information.
Documents and information displayed on or available through or in connection with the Websites is current as of the indicated date or its posting date, whichever is earlier. Such documents and information may not be timely, accurate, complete, sequential, accessible, or uninterrupted. We disclaim any intention or obligation to update or revise any documents or information displayed on or available through or in connection with the Websites, whether as a result of new information, future events or otherwise. We do not assume any duty of disclosure beyond that which is required by law.
Responsibility for Equipment and Services
You are solely responsible and liable for:
- obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Websites;
- scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and
- maintaining a complete and current backup of all information and data in your computer system prior to accessing or using the Websites.
The Internet is not a secure medium. It may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Websites may be affected by numerous factors beyond our control, and may not be continuous or uninterrupted, secure or private. We are not responsible for monitoring the Websites and are not responsible or liable for any changes to the Websites without our consent.
Without limiting the generality of the above and in spite of any other provision of this agreement, under no circumstances will we ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Websites, this Agreement, the subject matter of this Agreement, the modification or termination of this Agreement or otherwise. This includes but is not limited to:
- loss of data (including without limitation user data), business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise (This includes, without limitation by reason of any expenditures, investments, leases or commitments made in anticipation of the continuance or performance of this Agreement);
- economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including, without limitation, gross negligence and fundamental breach) by us or any person for whom we are responsible, and even if we have been advised of the possibility of such loss or damage being incurred.
- Without limiting the generality of the above, we will not be liable to you or any other person for:
- any loss or damage suffered by you or any other person as a result of any failure or refusal by us to give effect to, or for any failure or delay by us in receiving, accessing, processing or accepting, any communication sent to us by means of the Websites or otherwise, or;
- any loss or damage suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website or any part of it.
Without limiting the generality of the above, notwithstanding any other provision of this Agreement, under no circumstances will our total aggregate liability to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by us or any person for whom we are responsible, and even if we have been advised of the possibility of such potential loss or damage being incurred, ever exceed $1 (CDN). You hereby release, remise and forever discharge us from any and all liability in excess of $1 (CDN).
You will indemnify, defend and hold Prime Timers Nanaimo harmless from and against any and all liabilities, expenses and costs, including, without limitation, reasonable legal fees and expenses, incurred by us in connection with any claim or demand arising out of, related to, or connected with your access to or use of the Website, your Breach of this Agreement, or any wrongful conduct by you or any person for whom you are responsible under this Agreement or at law. You will assist and co-operate as fully as reasonably required by us in the defence of any such claim or demand.
In this Section 11:
- 1. references to "Prime Timers Nanaimo" includes Prime Timers Nanaimo, its employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and all other related, associated, or connected persons, jointly and severally;
- 2. references to "Website" or "Websites" include all content, information, products and services available on, through or in connection with the Websites; and
- 3. references to "You" means you and any persons you purport to represent.
You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by us, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement, including the above disclaimers, liability exclusions, liability limitations, indemnity provisions, and you may not rely upon any such advice or information. The exclusion of certain warranties and conditions and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
12. Personal Information Privacy
13. Ownership and Permitted Use of the Websites
The Websites and all content (including information in text, graphical, video and audio forms, images, icons, software, designs, applications, calculators, models, data, and other elements) available on or through the Websites are the property of Prime Timers Nanaimo and others, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Websites does not transfer to you any ownership or other rights in the Websites or their content. The Websites and their content are made available to you for your lawful, personal use only. You may use the Websites only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Websites for any other purpose or in any other manner is strictly prohibited. You may print the pages of the Website for your personal use provided that you do not modify any of the content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalogue, mirror or distribute the Websites in any way, without our express prior written permission. You may not reproduce, copy, duplicate, sell, or resell any part of the Websites or access to the Websites. You may not use any of the software that is used in the operation or provision of the Websites except while you are using the Websites in accordance with this Agreement.
14. Prime Timers Nanaimo Records
Our records, including webserver access logs, are, unless proven to be wrong, conclusive evidence of your use of a Website and the information available on, through or in connection with the Website. You will not object to the admission of our records as evidence in any legal proceeding on the ground that such records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer.
15. Trademark Information
"Prime Timers Nanaimo", "primetimersnanaimo.org", "primetimersnanaimo.com", "nanaimoprimetimers.org" and "nanaimoprimetimers.com" are trademarks, service marks and trade names owned by us. Other product and company names and logos appearing on or in connection with the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on or in connection with the Websites (collectively "Marks") is strictly prohibited. Nothing appearing on or in connection with the Websites will be construed as granting, by implication or otherwise, any licence or right to use any Marks.
16. Other Sites
For your convenience, the Websites may include links or references to other Internet sites or resources and businesses authored or operated by other persons (collectively "Other Sites"). Other Sites are independent from us and we have no responsibility or liability for or control over Other Sites, their business, goods, services, or content. We do not sponsor or endorse Other Sites or their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. You will not make any claim against us arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. The provisions of this Agreement under Section 11 (Disclaimers, Liability Exclusions/Limitations and Indemnity) apply, with all necessary modifications, to your access to and use of Other Sites and their business, goods, services and content.
17. No Linking, Framing, Mirroring, Scraping,Data-mining or Postings
18. Unsolicited Submissions
Prime Timers Nanaimo welcomes your comments and suggestions regarding the Websites. However, by submitting any comments, ideas, suggestions or other materials (collectively "Submissions"), you automatically grant (or warrant that the owner of the Submissions grants) to us a perpetual, irrevocable royalty free, right and license to use any ideas or know-how submitted for any purpose whatsoever without liability or credit to you and without restriction.
19. Changes and Termination
Notwithstanding any other provision of this Agreement, we may in our discretion change, discontinue, modify, restrict, suspend or terminate the Websites or any part of then without notifying or being liable to you or any other person. We may in our discretion and for our convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Websites without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Websites is terminated for any reason, then this Agreement and all other then existing agreements between you and Prime Timers Nanaimo will continue to apply and be binding upon you regarding your prior access to and use of the Websites, and anything connected with, relating to or arising therefrom. Without limiting the generality of the above, and in spite of any other provision of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect.
20. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Websites, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and Prime Timers Nanaimo or any other person arising from, connected with or relating to the Websites, this Agreement or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding a Dispute must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within one (1) year after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
21. Other Matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement ensures to the benefit of and is binding upon each of Prime Timers Nanaimo and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. We may assign this Agreement and its rights and obligations under this Agreement without your consent. This Agreement contains provisions for the benefit of Prime Timers Nanaimo and his employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and other related, associated, affiliated or connected persons, each of whom has the right to assert and enforce such provisions directory or on its own behalf. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais. Any rights not expressly granted by this Agreement are reserved to Prime Timers Nanaimo. This Agreement is subject to change by Prime Timers Nanaimo without notice. This Agreement was unchanged at the inception of the Websites and effective 15 March 2018.