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TrekBC reserves the right to change these terms and conditions at any time, and you agree that each visit you make to TrekBC’s Website shall be subject to the current terms and conditions as published on our website at http://www.trekbc.ca/terms.php.
General Terms of Use
By accessing TrekBC’s Website, you are agreeing to be bound by these Website Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to TrekBC’s Website shall be governed by the laws of British Columbia. The materials contained in TrekBC’s Website are protected by applicable copyright and trade mark laws.
Internet Etiquette
Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of TrekBC or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
TrekBC’s Website contains links to and frames of sites that are not maintained by TrekBC. TrekBC is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in TrekBC’s Website does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON TREKBC’S WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH TREKBC’S WEBSITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. In no event shall TrekBC or its service Providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on TrekBC’s Website, even if TrekBC has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of TrekBC or its service Providers, affiliates, associates, subsidiaries or partners and TrekBC makes no representations or warranties regarding that information or those opinions. Neither TrekBC or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Limited License
TrekBC hereby grants you a limited license to view on your computer, print, download and use any content made available on TrekBC’s Website for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of TrekBC or any other party who owns or has proprietary rights to the content, information and materials provided on TrekBC’s Website.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by TrekBC or by other parties that have licensed their material to TrekBC. Material from this Website or from any other website owned, operated, licensed or controlled by TrekBC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other website, ftp server or network environment is prohibited.
Changes and Improvements
TrekBC may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on TrekBC’s Website, including the terms and conditions of your use of this Website, without liability.
Jurisdictional Issues
Due to the nature of the Internet, it is not possible for TrekBC to restrict access to its website only to those jurisdictions in which it does business. Some of all of the products and services offered on this Website may not be eligible for solicitation in your jurisdiction. If you are accessing this Website from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from TrekBC. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
TrekBC offers services and programs in many parts of the world. The Website may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this Website, reference to such services or programs does not imply that TrekBC intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in TrekBC’s Website are presented solely for the purpose of outdoor pursuits in Canada. This site is controlled and operated by TrekBC from its offices in Canada. TrekBC makes no representation that any of the materials contained in TrekBC’s Website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of British Columbia and the parties hereby attorn to the jurisdiction of the courts of British Columbia. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Privacy
TrekBC appreciates and respects the privacy concerns of the visitors to its Website. As a general policy, no personal information is automatically collected from customers visiting this Website. However, certain information is recorded as a matter of course by TrekBC’s servers in order to track the number of visitors to the Website and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service Provider. Collecting this information allows TrekBC to optimize the visitor’s Website experience. Email addresses and other personally identifiable data about visitors to this site are known to TrekBC only if and when voluntarily submitted by the visitor. All personal information collected by TrekBC is retained by TrekBC and not sold or otherwise provided to third parties. TrekBC sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided TrekBC with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.
Many of TrekBC’s web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable TrekBC to relate a visitor’s use of TrekBC’s site to information that the visitor has specifically and knowingly provided, TrekBC does not do so for any sites specifically designed for and aimed at children. TrekBC believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.
Submissions
By posting/sending a message in the members area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. TrekBC will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of TrekBC. You may copy the posted messages for personal use, but redistribution in any way requires the permission of TrekBC. In consideration of this authorization, you agree that any copy you make of any message(s) located on this Website shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the Website and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(a) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
(b) You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
(c) You may not interfere with other users’ use of the Website.
(d) You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
(e) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not TrekBC’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. TrekBC reserves the right to take such action as it deems appropriate in cases where the Website is used to disseminate statements which are deeply and widely offensive and/or harmful.
(f) Any information provided to TrekBC shall be provided by the submitter and received by TrekBC on a non confidential basis. TrekBC will only accept submissions made by registered users of the TrekBC Website. TrekBC shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of TrekBC.
(g) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Website for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
(h) You may not use the facilities and capabilities of the Website to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(i) You may not post any e-mail or materials that would be considered a violation of any law. TrekBC will co operate fully with any law enforcement authorities or court order requesting or directing TrekBC to disclose the identity of anyone posting any such e-mail or materials.
You agree to indemnify TrekBC and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to TrekBC a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of TrekBC’s site(s) or which you provide by email or any other means to TrekBC and in any media now known or hereafter developed. Further, you grant to TrekBC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against TrekBC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TrekBC.
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