Calgary Black Chambers website Terms of Use
Please review these terms and conditions of use (“Terms of Use”) carefully. These Terms of Use comprise a legal agreement between the Calgary Black Chambers Society (“CBC” or “us” or “we”) and you, the person accessing and using this website (“you” or “your”). These Terms of Use set forth the legally binding terms and conditions for the use of the CBC’s website at www.calgaryblackchambers.com (“Website“) that is owned, operated and maintained, directly or indirectly, by CBC, and all other sites owned and operated by the CBC that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on this Website.
BY ACCESSING, USING A SERVICE OR PRODUCT OR DONATING ON THE WEBSITE YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST EXIT THE WEBSITE IMMEDIATELY. These Terms of Use are subject to change. You should visit this web page periodically to review the Terms of Use that govern your transactions and are binding on you.
In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and CBC agree as follows:
Purpose and Website Services
The Website is made available to you for the purpose of providing you with information. From time to time, the Website may provide certain services (each a “Service”), which Services may be subject to the acceptance of the terms and conditions of use specific to that Service (“Service Terms”) and all other operating rules, policies, and procedures that may be published on the Website by the Society from time to time and which will be made known to you prior to your use of any such Services. In the event of any inconsistency between these Terms of Use and any applicable Service Terms, these Terms of Use shall prevail, but only to the extent of such inconsistency.
Modification and Severability
CBC reserves the right to make changes to the Website, policies or Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Website. Your use of the Website will be subject to the Terms of Use posted on the Website at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.
Children
The Website and Services are not intended to be used by, and are not marketed or directed towards, children or any person under the age of 18. To use and access the Website and Services you must be at least eighteen (18) years of age.
Accounts and Passwords
To access and use certain features of the Website, you will need to create an account. As part of the process to create, register and maintain your account you must provide CBC with certain current, complete, and accurate registration information, including your name, e-mail address, profession, race and other data or information that has been requested by CBC during the registration or renewal process (“Registration Data”). In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide electronically through the Website and any other information that identifies who you are. Registration Data and Personal Information will be used by Company solely in accordance with these Terms of Use and CBC’s Privacy Policy (the “Privacy Policy”).
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website: and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify CBC of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. CBC shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Description of donation and other tools terms
If you choose to make a donation to CBC you authorize CBC and its agents to deduct any donation and fees you approve by using the donation tool.
License
CBC hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Use and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of CBC or any third party. CBC may terminate this license at any time for any reason whatsoever.
Content
The Website may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms of Use relating to the Website apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. CBC is not responsible, and assumes no liability, for any Third Part Content.
All content and data made available by CBC through the Website, including any Third Party Content, (the “CBC Content”) is owned solely and exclusively by CBC and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the CBC Content; (b) market, sell, re-sell or make commercial use of the Website or any CBC Content; (c) systematically collect from the Website and use any CBC Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the CBC Content.
If you make any information, data or content available to CBC on or through the Website, including by contacting us, or providing comments or ideas about our Services or the Website (“User Content”), you are deemed to grant CBC a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available using your Website account. If you make User Content available, you represent that you have the right to do so.
Use Restrictions
You agree that when using the Website you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Website; (d) use the Website to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Website or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Website or Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Website or for any other purpose in connection with your access to and use of the Website; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website or to shut down, overload or overwhelm the Website; or (k) copy, republish or redistribute any part of the Website, including by caching, framing or similar means, without the prior written consent of CBC.
Termination
If you violate these Terms of Use or other policies and guidelines posted on the Website, your permission to use the Website automatically and immediately terminates and you must immediately destroy any copies you have made of any CBC Content. CBC reserves all of its rights at law and in equity.To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. Company shall not be required to refund to you any amounts prepaid, if any, for use of the Website or any Services if CBC has terminated your account or your use of, or access to, the Website and/or any of the Services for breach of these Terms of Use. CBC may also terminate your access to the Website without notice at any time for any reason whatsoever, and any fees or charges paid by you in advance, if any, shall be refunded on a pro rata basis.
Personal Information
You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the Website, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy [NTD: Chi to hyperlink]. You represent and warrant to CBC that you are at least 18 years of age and that you have the full, unrestricted right and authority and have been fully authorized to provide to CBC any and all Registration Data (including any Personal Information) for the purposes of these Terms of Use and that CBC is authorized and permitted to use such data as and to the extent provided in these Terms of Use.
Communication
If you provide us with your contact information you agree that CBC may send you communication by email or otherwise about the Website, CBC, Contents and Material.
Use of Cookies
You agree that CBC has the right to monitor and review your use of the Website and Services from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy Policy.
Support
CBC may in its discretion, without any obligation to do so and subject to the limitations of these Terms of Use (or as may be posted on the Website from time to time), provide you with troubleshooting support concerning your use of the Website and any Services.
Limitation of Liability, disclaimer of warranties and conditions, Website and Services provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY CBC CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, CBC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
CBC DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR CBC CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY CBC CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. CBC SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY CBC CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT CBC DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, CBC ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF CBC IN OPERATING THE WEBSITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
UNDER NO CIRCUMSTANCES SHALL CBC AND ITS DIRECTORS, OFFICERS, AND AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY CBC CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE)
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
THIS DISCLAIMER APPLIES TO THE FULLEST POSSIBLE EXTENT IN JURISDICTIONS THAT LIMIT THE EXCLUSION OF IMPLIED WARRANTIES.
CBC uses reasonable efforts to ensure that the Web Site is secure and generally available. However, there will be occasions when access to the Site will be interrupted or unavailable, and transmission of any information over the internet may not always be secure. CBC cannot guarantee but will use reasonable efforts to secure information and minimize any disruption where it is within its reasonable control.
The terms and conditions of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.
Indemnity
You agree to defend, indemnify, and hold harmless the CBC and its directors, officers and authorized representatives (“CBC Parties”) from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your: (a) breach of these Terms of Use; (b) access to the Website or use of the Services; and (c) provision of User Content, Registration Data or other disclosure to CBC of any other information or data and the use of same by CBC or any CBC Party as contemplated hereunder.
Trade-marks
Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of CBC or the owner of the mark, as appropriate, is strictly prohibited.
Links
CBC provides links on the Website to other websites or resources, including those operated by parties other than CBC. These links are provided for your convenience and CBC is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that CBC may remove any link to an external website or to resources at any time for any reason whatsoever.
Jurisdiction
The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Alberta and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Calgary, Alberta.
Waiver
No delay or omission by CBC to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by CBC must be in writing and signed by an authorized representative of CBC.
Conformance with Law
In addition to complying with these Terms of Use, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Website from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you.
Contact / Notices
If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, CBC, please contact CBC by email at calgaryblackchambers@gmail.com. CBC may provide notices or communications to you on the Website and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
Assignment
These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you. CBC may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.