Alpine Club of Canada Vancouver Section – Legal Notices

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Terms and Conditions

The following terms and conditions apply to all visitors to or users of this web site (this “Site”), which is owned and operated by the Alpine Club of Canada – Vancouver Section (“ACC”). Please feel free to browse this Site; however, your access and use of this Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use this Site. ACC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this Site you agree to be bound by such modifications, alterations or updates and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound.

Copyrights and Trademarks

The documents and information on this Site are copyrighted materials of ACC, third parties, or both. Permission is granted to display, copy and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without ACC’s permission, “mirror” on any other server any material contained on this Site. Except as expressly permitted above, no portion of the materials on this Site may be reproduced in any form, or by any means, without prior written permission from ACC.

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of ACC or third parties. You are not permitted to use the Marks without the prior written consent of ACC or such third party that owns the Mark. The ACC name and the logo of the Alpine Club of Canada are registered trademarks of the Alpine Club of Canada. Any feedback you provide at this Site shall be deemed to be non-confidential and ACC shall be free to use such information on an unrestricted basis.

Limitation of Liability and General Disclaimer

ALL INFORMATION AND ANY SOFTWARE AVAILABLE FOR DOWNLOAD ON THIS SITE IS PROVIDED “AS IS”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACC AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Although ACC has attempted to provide accurate information on this Site, information on this Site may contain inadvertent technical inaccuracies or typographical errors and ACC assumes no responsibility for the accuracy of the information. Information on the Site may be changed or updated without notice. ACC may also make improvements and/or changes in the products or services described in this Site at any time without notice.

This Site may contain links to third-party sites. Access to any other Internet sites linked to this Site is at the user’s own risk. ACC provides these links merely as a convenience and does not endorse or accept any responsibility for the content, or the use, of such sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. In addition, the mention of non-ACC products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

IN NO EVENT WILL ACC OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF OR DAMAGE TO DATA, ARISING OUT OF ANY USE OF, OR INABILITY TO USE, THIS SITE, OR ANY SITE HYPERLINKED FROM THIS SITE, EVEN IF ACC OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACC’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from ACC off this Site that is provided without an agreement, that product or service is provided “AS IS” with no warranties or representations whatsoever, express or implied, and your use of that product or service is at your own risk.

Jurisdiction and Choice of Law

This Site is controlled and operated by ACC from its offices within Canada. ACC makes no representation that materials in this Site are appropriate or available for use in other locations, and access to such materials from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within such Province. Any action you, or any third party brings to enforce these Terms and Conditions or in connection with any matters related to this Site shall be brought only in the Provincial or Federal Courts located in the city of Vancouver, and you expressly consent to the jurisdiction of said courts.

Privacy

Privacy is important to the ACC, and we imagine that you feel the same way. ACC explicitly asks you when we need information that personally identifies you (“Personal Information”). When you sign up for membership with ACC, we agree to not sell, rent, or distribute your Personal Information in any way (however, remember that is a public directory and other members can see whatever information you choose to make public).

Security: The ACC will work diligently to protect the security of your Personal Information. Your data is kept in a secure environment protected from access by unauthorized parties. It is important for you to protect against unauthorized access by storing your password in a secure location and ensuring you log off when finished visiting using a shared computer.

E-mail: ACC uses your Personal Information to operate and we may occasionally contact you with your consent. ACC will never intentionally send unsolicited e-mail messages that could legitimately be construed as spam. All e-mails sent from ACC will be sent only to those that have opted-in and will contain opt-out instructions, should you decide to remove yourself from our e-mail distribution list.

Statistics: Your information is also used in aggregate form on the web site statistics page to allow other web site users to get a better understanding of who makes up the club, without revealing any individual data.

Updating & Removing Personal Information: ACC provides you with a way in which you can alter or remove the Personal Information listed in the member network, via a profile update page in the member area. If you wish to have your membership registration removed, simply log into the member area and request that your account be closed.

Surveys: ACC may periodically conduct individual voluntary member surveys. ACC encourages members to participate in these surveys because they provide us with important information that helps us to improve the club. The responses ACC collects from online surveys are anonymous.

Cookies: Cookies are small pieces of information that are stored in a browser-related file on your computer’s hard drive when you use portions of the Site. ACC uses cookies to improve the member experience, like allowing the member to login without typing the registered username and password. Cookies are widely used on most major web sites.

IP Address: The ACC uses your IP address to help diagnose problems with our server, and to administer the Site. Your IP address is also used to gather broad demographic information. This information is used in a way that it does not display information that identifies individual members.

Third Party Links: The Site contains links to a variety of third party sites to enhance the member experience. ACC has no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted.

Children: Protecting the privacy of the young is especially important to the ACC. For that reason, we never collect or maintain information on our web site from those ACC actually knows are under 18, and no part of the Site is intended for use by those under 18.

Abuse: ACC may provide your personal information to the police or other investigating agencies to assist them in the investigation of any suspected violations of law. ACC also has the right to share your name and contact information with our attorneys, in the event of serious violations of conduct.

Content: ACC respects the intellectual property rights of others and expects its users to do the same. We will respond expeditiously to claims of copyright infringement committed using the website if such claims are reported. If you are a copyright owner, authorized to act on behalf of one, please report alleged copyright infringements taking place on the site and we will take appropriate action, including removal of the challenged content from the Site. If you have questions about this policy, please e-mail us at [email protected].

License

By posting messages, uploading files, inputting data, or engaging in any other form of communication through our chat rooms, you are granting a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

• Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
• Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark or patent laws under any relevant jurisdiction.

Liability

Under no circumstances, including, but not limited to, negligence, shall ACC and its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the materials or information on this Site. You specifically acknowledge and agree that the ACC is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material or information, or with any of ACC’s terms and conditions, your sole and exclusive remedy is to discontinue using this system.

Termination

This agreement is effective until terminated by ACC, at any time without notice. In the event of termination, you are no longer authorized to access the system, and the restrictions imposed on you with respect to material downloaded from the system, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Other

This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.