Perpetual West provides Perpetual West web site including Perpetual West Home Page and other Perpetual West content (collectively, the “Perpetual West Site”) subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE Perpetual West SITE. BY ACCESSING Perpetual West SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE Perpetual West SITE.
By accessing Perpetual West Site, you agree to be bound by the terms and conditions listed below:
- Rules. While visiting Perpetual West , you may not:
- Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Perpetual West Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Perpetual West Site or the Internet;
- Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through Perpetual West Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
- Linked Sites. Any sites to which Perpetual West provides links are operated by independent parties and are not under the control of Perpetual West .
- Independent Parties. Perpetual West and linked web sites are independent parties. There is no agency, employee or partnership relationship of one to the other or among any of them and they have no authority to bind another of the parties. Any reference describing Perpetual West and any linked site as “partners” is colloquial only and does not represent the legal relationship between them, which is one of independent contractors.
- Monitoring. Perpetual West has no obligation to monitor Perpetual West Site. However, you agree that Perpetual West has the right to monitor Perpetual West Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Perpetual West Site properly, or to protect itself or its users in accordance with Perpetual West ‘ Privacy Statement. Perpetual West will not intentionally monitor or disclose any private electronic-mail message unless required by law. Perpetual West reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. Perpetual West does not hire moderators to monitor the web site. All moderators for Perpetual West are volunteers and Perpetual West is not responsible for their actions.
- No Warranty. Perpetual West assesses the products and services offered by Perpetual West and believes that these products and services are appropriate and valuable to Perpetual West customers. Perpetual West does not, however, guarantee any products or services provided by Perpetual West . Pricing contained on the site is subject to change without notice.
- Limitation of Liability. Perpetual West , including its affiliates, related companies and suppliers, take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on Perpetual West Site. Further, Perpetual West makes no representations about the suitability of any of the information contained in the documents and related graphics on Perpetual West Site for any purpose. All such documents, related graphics, product and services are provided “as is” and without warranties or conditions of any kind. In no event shall Perpetual West be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information, products or services available on or through Perpetual West site.
- Recourse. If you are dissatisfied with Perpetual West Site or with any terms, conditions, rules, policies, guidelines or practices of Perpetual West in operating Perpetual West Site, your sole and exclusive remedy is to discontinue using the Perpetual West Site.
- Indemnity. You agree to defend, indemnify and hold Perpetual West and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of Perpetual West Site or the Internet or the placement or transmission of any message, information, software or other materials on Perpetual West Site or on the Internet by you or users of your account.
- Intellectual Property. All Perpetual West elements (the “Elements”) such as, without limiting the generality of the foregoing, the texts, articles, documents, worksheets, programs, photos, illustrations, images, videos and audio materials, are the property of Perpetual West and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Perpetual West or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on Perpetual West are trademarks which were registered or not by Perpetual West or third parties. Nothing in Perpetual West may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Perpetual West without the prior written approval of the owner of such trademark.
- Territory. Perpetual West Site originates in Canada.
- Miscellaneous. This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Perpetual West and you pertaining to the subject matter hereof. Perpetual West ‘ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the province of Alberta and the federal laws of Canada applicable therein. The parties have required that this agreement and all documents relating thereto be drawn up in English.