Terms and Condition visitors & membership agreement
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Please Read This Terms And Conditions Carefully Before You Visit www.westca.com(the "Site"). You Must Comply With Them to Use the Site or any Westca Services.
Before you enter the Westca Site, or use any Westca Services, it is important that you carefully review the Terms and Conditions of usage set forth below. The terms and conditions may be updated or changed from time to time without notice to you. As such, you agree to review this page periodically in the section of the Site entitled "Terms and Conditions." Your continued use of the Site after changes are made means you agree to accept these terms and conditions as updated and/or amended.
By entering and using the Westca Site you accept these Terms and Conditions and agree to be legally bound by them, which shall take effect immediately on your first use. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. Both member and non-member must comply with these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not access the Site and use any of its Services.
Terms & Conditions:
- Westca currently provides users with access to a rich collection of resources, including, various communications tools, forums, weblog, yellow pages, personalized content and branded programming through its network of properties (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Westca to provide the Service. You also understand and agree that the Service is provided "AS-IS" and that Westca assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Please be aware that Westca may have certain contents or materials on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such information.
- You agree that all information, data, text, music, sound, photographs, graphics, video, messages, software or other materials (collectively "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Westca, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
- Westca Weblog is a kind of service provided by Westca. You acknowledge and agree that you are entirely responsible for all Content that you upload, post, email, transmit, link or otherwise make available via the Weblog Service.
- Westca does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Westca be responsible in any way for any Content, including, but not limited to, for any errors or omissions in any Content. And you understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable.
- You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, defamatory, abusive, harassing, threatening, vulgar, or libelous;
- upload, post, email, transmit or otherwise make available any Content that is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;
- upload, post, email, transmit or otherwise distribute any inappropriate, profane, infringing, obscene, or indecent Content or information;
- upload, post, email, transmit or otherwise distribute any Content that promotes or provides instructional information about illegal activities, or promotes harm or injury against any group or individual;
- upload, post, email, transmit or otherwise make available any Content that infringes or violates any patent, trademark, trade secret, copyright or other rights(including, but not limited to, intellectual property rights, and rights of privacy, publicity and iconology) of any person or any party;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise distribute any Content that contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the law of Canada Federal and Province, any rules of any national or other securities exchange, and any regulations having the force of law;
- Westca has the sole discretion to decide whether Content or material is prohibited on the Site. You acknowledge that Westca has the absolute right (but not the obligation) to deny, delete and move any Content and material for any reason, in any manner, at any time, without notice.
- By uploading Content to the forum or any parts available on the Westca Site (collectively "Forums") or otherwise submitting any Content to us through any other content generating or submitting service on the Westca Site, you automatically grant (or warrant that the owner of such Content expressly grants) Westca a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to, including, but not limited to, use, copy, adapt, transmit, communicate, publicly display and perform, distribute,publish and create compilations and derivative works from such submitted Content. Such license shall apply with respect to any form, media, or technology now known or later developed.
- You agree to indemnify and hold Westca, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another.
- You agree that Westca is not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of the use of, or in connection with your use of, any Content posted, emailed, transmitted or otherwise made available via the Service. And under no circumstances, will Westca be held responsible or liable, directly or indirectly, for any damage (whether actual, direct, consequential, incidental, punitive or otherwise) caused to Content you submit, post, transmit or make available through the Service or any loss of any kind (including, but not limited to, loss of or corruption to your Content) however caused.
- The Westca Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because Westca has no control over such Sites and resources, you acknowledge and agree that Westca 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. If you decide to visit any linked Site, you do so at your own risk. Westca is not 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, products, goods or Services available on or through any such Site or resource. You further agree that Westca is not responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of Content or materials contained in any such Site or resource.
- By participating in hikes, camping, parties and all other activities offered by the Westca Site, you already accept the 'Westca Activities Agreement' and agree to comply with it.
- In cases where you have authorized a minor to use the Westca Site or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of the Westca Site or any of the Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Westca Site may contain material that is inappropriate for minors.
- During the registration process, you will name a Member ID and choose a Password. You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You are allowed to have only one Westca Membership and the privileges associated with Membership. Membership is for personal use only and is non-transferable.
- If you become a member of Westca, you agree that Westca, at its sole discretion, may terminate your membership, any associated email address, and your use of, or access to, the Westca Site or any of its Services, with or without notice for any reason, including but not limited to, if Westca believes that you have failed to comply with any term or provision of these Terms and Conditions. You further agree that Westca shall not be liable to you or to any other person as a result of any such suspension or termination.
- Westca reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Westca shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Westca respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, or your other rights have been violated, please report to us. Westca may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
- You agree that Westca reserves the right to amend these Terms and Conditions at any time, for any reason, and with or without notice.
RESTRICTIONS ON USE OF MATERIALS
All Content presented to you through the Service or advertisers and all Content contained in sponsor advertisements on the Westca Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All rights reserved. Westca grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. You agree not to reproduce, retransmit, make derivative works of, publicly display, publicly perform, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Westca Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located on the Westca site are protected by copyright and/or other intellectual property laws. Westca does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Westca Site's services for commercial or non-commercial purposes, we strongly suggest that you contact the owner of the Multimedia Content for permission to use such Multimedia Content.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WESTCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WESTCA SPECIFICALLY MAKES NO WARRANTIES THAT THE WESTCA SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WESTCA SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 WESTCA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALLWestca, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WESTCA HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE WESTCA SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WESTCA SITE OR ANY OF THE SERVICES.
FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by Westca through the Westca Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by Westca; and (c) not necessarily reflective of the views or policy of Westca, including the publisher, contributors and staff of, and advertisers on, the Westca Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by Westca. Westca is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and is not responsible or liable for any trading or investment decisions made based on such information.
You expressly acknowledge that Westca has entered into this agreement, and has and will make the Westca Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Westca. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of any exclusive remedy or termination of this agreement.
WESTCA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Westca, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Westca grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Westca for use in accessing the Service.
The Terms and Conditions constitute the entire agreement between you and Westca and govern your use of the Site, superceding any prior agreements between you and Westca.
These Terms and Conditions will be governed and construed in accordance with the laws of the province of British Columbia, Canada, without regard to its conflict of laws provisions. By using the Westca Site you agree to personal jurisdiction of the province and federal courts of the province of British Columbia, Canada and to waive any objections based upon venue. Any other terms and conditions not included in this Agreement shall be in accordance with the laws of the province of British Columbia, Canada.
Westca's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.
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