2. Limited Right to Use.
(a) Ownership. This website is owned and operated by the Saskatoon Club. Unless otherwise specified, all Materials on this website are, and shall remain, the property of the Saskatoon Club and are protected by the copyright laws of Canada and throughout the world by the applicable copyright laws.
(c) Linking - Permission Required. You are prohibited from making links of any kind to this website without the prior written permission of the Saskatoon Club. You may not sell, retransmit, repackage, disseminate or otherwise republish any of the Materials in any form, including paper, nor may you include any Materials with any product, document or information that you hold, create, or distribute without the prior written consent of the Saskatoon Club. Without limiting the generality of the foregoing, hypertext linking to this website or “deep linking” to any webpage on this website is strictly prohibited without the express written permission of the Saskatoon Club.
(d) Data Mining and other Prohibited Uses. Use of this website through a Web browser that contains any frames displaying contents of other websites is strictly prohibited. The scraping or mining of data from or framing or mirroring of this website by any method is strictly prohibited. You agree not employ or utilize any collaborative browsing or display technologies.
(e) Unauthorized Access. Access to this website for the purpose of browsing the Materials via the World Wide Web. subject to the aforesaid limited license, is encouraged; ALL OTHER ATTEMPTS TO ACCESS OR USE THIS WEBSITE, THE RELATED COMPUTER SYSTEM OR ITS RESOURCES ARE UNAUTHORIZED. UNAUTHORIZED USE OF A COMPUTER SYSTEM IS A CRIMINAL OFFENCE IN CANADA.
3. Communications. Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to the Saskatoon Club via this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding the Saskatoon Club and our products or services that you communicate to the Saskatoon Club ("Feedback") will be deemed, at the time of communication to the Saskatoon Club, the property of the Saskatoon Club, and the Saskatoon Club shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for your communications and their legality.
5. Prohibited Activities. You covenant in favour of the Saskatoon Club that you will not upload, post or transmit to, distribute, disseminate, or otherwise publish via or through this website any materials that:
(a) restrict or inhibit any other user from using or accessing this website or the Materials;
(b) are unlawful, threatening, abusive, harassing, libelous, defamatory, derogatory, discriminatory, disruptive, obscene, vulgar, offensive, objectionable, pornographic, profane, sexually explicit or indecent;
(c) constitute, advocate or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or governmental regulation, whether in Canada or in your local jurisdiction;
(d) violate or infringe the rights of third parties, including copyright, trade-mark rights, patent rights, rights of privacy or publicity or any other proprietary right of a person;
(e) contain a virus, corruption or other harmful or destructive element or item that might damage the operation of another’s computer or software applications;
(f) contain any information, software or other material of a commercial nature, including any advertising, promotions or solicitations for purchase or sale and any “spam” or other bulk communications; or
(g) constitute or contain false or misleading author attributions, legal or other notices, proprietary designations, labels or other indications of origin or source, or facts.
8. Links to Other Sites. The linked sites are not under the control of the Saskatoon Club and the Saskatoon Club is not responsible for the content of any linked site or any link contained in a linked site. You acknowledge that your use of third party websites (and your dealings with the third parties who own such websites) shall be conducted solely at your risk. The Saskatoon Club reserves the right to terminate any link at any time. The Saskatoon Club may provide links from this website to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. The Saskatoon Club encourages you to exercise discretion when using the hypertext links on this website. Any hypertext link may ultimately direct the user to websites containing content that some people may find offensive or inappropriate or that violates laws in force in your jurisdiction. The suitability of information accessed by hypertext link from this website is the sole responsibility of the person(s) that maintain that information or third party website. If you have questions about the content of a particular third party website, or information related to it, contact the person or webmaster responsible for that website. THE SASKATOON CLUB DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE. It is solely your responsibility to take precautions to ensure that whatever you access or download from the World Wide Web is free of such items such a viruses, worms, Trojan horses and other items of a destructive nature.
10. Indemnity. You agree to indemnify, defend and hold the Saskatoon Club, and its representatives, harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable solicitor's fees and costs) arising out of, based on or in connection with your access and/or use of this website and the Materials.
11. Limitation of Liability. IN NO EVENT SHALL THE SASKATOON CLUB, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, COST OF REPLACEMENT GOODS, LOSS OF OR DAMAGE TO DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR ACCESS TO THIS WEBSITE, THE MATERIALS OR ANY LINKED WEBSITE, YOUR INABILITY TO USE THIS WEBSITE, THE MATERIALS OR ANY LINKED WEBSITE, OR YOUR RELIANCE ON THE MATERIALS (INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY COMPUTER, SOFTWARE APPLICATION OR DATA BY ANY VIRUS THAT MIGHT BE TRANSMITTED OR ACTIVATED VIA THIS WEBSITE OR ACCESS TO THIS WEBSITE, ANY BREACH OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, AND CONTRAVENTION OF ANY LOCAL, NATIONAL OR INTERNATIONAL RESTRICTION ON THE PUBLICATION OR TRANSMISSION OF INFORMATION), WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF THE SASKATOON CLUB, OR ITS AGENTS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) General Disclaimer. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Saskatoon Club assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials. You should not assume that the Materials are continuously updated or otherwise contain current information. The Saskatoon Club is not responsible for supplying content or materials that has expired or has been removed from the website. THE SASKATOON CLUB DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR USE OF OR ACCESS TO THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SASKATOON CLUB DISCLAIMS MAKING ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER IN RESPECT OF THE MATERIALS OR THIS WEBSITE IN GENERAL. THE SASKATOON CLUB DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE ARISING BY LAW, UNDER STATUTE, IN TRADE, BY COURSE OF DEALING OR OTHERWISE. Without limiting the foregoing, Saskatoon Club does not represent or warrant that:
- (a) access to this website will be secure, timely, error- or virus-free, continuous or uninterrupted;
- (b) communications to or from this website will be secure or free from interception;
- (c) this website and the Materials will be accurate, complete or current; or
- (d) errors, defects and inaccuracies in this website or the Materials will be corrected.
13. Right to Suspend. The Saskatoon Club, in its sole and absolute discretion, may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database or other Material. The Saskatoon Club may also impose limits on certain features and services, or restrict your access to parts or all of this website, without notice or liability to you.
14. Applicable Laws. All matters relating to your access and use of this website shall be governed by the laws of the province of Saskatchewan, and the federal laws of Canada applicable therein, without regard to conflict of law rules. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of this website shall be in the Court of Queen’s Bench for Saskatchewan, at the Judicial Centre of Saskatoon, Saskatchewan, Canada. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Saskatchewan.
15. Limitation of Actions. Proceedings with respect to any cause of action you may have with respect to your use of and access to this website or the Materials must be commenced in the Court of Queen’s Bench for Saskatchewan, in the Judicial Centre of Saskatoon, Saskatchewan, Canada, and within six (6) months after the claim or cause of action arises.
19. Entire Agreement. The provisions herein contained constitute the entire agreement between you and the Saskatoon Club, and supersede all previous communications, representations, and agreements, whether oral, written or electronic, between you and the Saskatoon Club, with respect to the subject matter hereof; there being no representation, warranties, terms, conditions, undertakings, or collateral agreements (express, implied, or statutory), between the parties other than as expressly set forth in this agreement; PROVIDED THAT in the event of any inconsistency between this agreement and any agreement governing your membership in the Saskatoon Club, the latter shall prevail; PROVIDED THAT the absence from any other agreement of a term included in this agreement shall not be deemed an inconsistency.
The foregoing terms and conditions were last amended on 17 April 2006.
Copyright © 2006 The Saskatoon Club. All rights reserved.