Terms of use
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED ON THIS WEBPAGE. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.
1. Introduction and Acceptance of Terms of Use. The Saskatoon Club ("the Saskatoon Club") offers you a wide range of content, communication tools, and information about its products and services ("Materials") via this website. The Materials are offered in good faith and for informational purposes only. By using this website, you accept the terms and conditions of use as stated below (these "Terms of Use"), which the Saskatoon Club may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that the Saskatoon Club may, at its sole discretion, terminate your access to this website at any time without notice. These Terms of Use govern your use of this website and its Materials. By accessing or using this website, you acknowledge that you have read these Terms of Use and our Privacy Statement. You agree that each use by you of this website signifies your continuing agreement to be bound by these Terms of Use. You represent and warrant to the Saskatoon Club that you have full legal authority to enter the agreement constituted by these Terms of Use on your own behalf and on behalf of any person that you represent.
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.
(b) Limited License. The Saskatoon Club hereby grants you a limited, revocable, non-transferable, non-exclusive license to view, print and/or download one copy of the Materials from this website on any single computer solely for your personal, educational, and non-commercial use; provided always that you keep intact all copyright and other proprietary notices. No other use or copying of Materials is permitted. Without limiting the generality of the foregoing, you are expressly prohibited from: (a) making any commercial use of any Materials; (b) including any Materials in or with any product or service that you distribute or provide; (c) copying any Materials onto your or any other website; and (d) storing any Materials for reproduction, redistribution or publication to third parties. Notwithstanding the foregoing, nothing contained in these Terms of Use shall be construed as conferring any right under any copyright of the Saskatoon Club or any other person who owns copyright in the Materials.
(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.
4. Privacy. Your use of and access to this website is subject to our Privacy Statement (as may be amended from time to time) and our Privacy Statement is incorporated into and forms a part of these Terms of Use. To review our Privacy Statement please click here. Your continued use of and access to this website constitutes your acknowledgement that you have read and agreed to the terms and conditions of our Privacy Statement.
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.
6. Access to Password Protected or Secured Areas. Access to and use of password protected or secured areas of this website, including without limitation, the Members Only Area, Membership Roster and if implemented, the Fostering Fellowship section, is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. You are solely responsible for maintaining the confidentiality of any username and password that you choose, or that is chosen by the Saskatoon Club on your behalf, to access this website as well as any activity that occur under your username/password. You agree not to misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this website. Furthermore, your access and use of the secured areas of this website will be governed by additional Special Terms of Use and you are strongly advised to review such terms prior to accessing or using those secured areas. If you violate your obligations under this section, you may be subject to prosecution. If you disclose your user identification or password to any other person or become aware of any unauthorized access, you are responsible to advise the Saskatoon Club immediately. You are responsible for and hereby release the Saskatoon Club from, and indemnify the Saskatoon Club against, all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by the person to whom you disclosed them or by any other person.
7. Monitoring. Although the Saskatoon Club is not obligated to do so, it will have the right to review your communications on this website to determine whether you comply with these Terms of Use. The Saskatoon Club will not have any liability or responsibility for the content of any communications you post to this website, or for your errors or violations of any laws or regulations. The Saskatoon Club will comply with any court order in disclosing the identity of any person posting communications on this website. It is advisable that you review our Privacy Statement before posting any such communications. Please note that when you conduct transactions with other companies providing content via this website, you will also be subject to their privacy policies.
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.
9. Trade-marks. The trade-marks, service marks and logos of the Saskatoon Club and others used in this website ("Trade-marks") are the property of, or are licensed to, the Saskatoon Club. You have no right to use any such Trade-marks, and nothing contained in this website or these Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trade-marks without the prior written permission of the Saskatoon Club or the owner thereof.
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.
12. Disclaimers.
(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.
16. No Assignment. These Terms of Use, and your rights and obligations under these Terms of Use, may not be transferred or assigned by you without the prior written consent of the Saskatoon Club, which consent may be arbitrarily withheld by the Saskatoon Club in its sole and absolute discretion. The Saskatoon Club may at any time assign the agreement constituted by these Terms of Use, including any of its rights and obligations hereunder, without your prior consent.
17. Amendment. The Saskatoon Club may, in its sole and absolute discretion, amend these Terms of Use from time to time, for any reason, without prior notice or liability to you or to any other person; provided, however, that the Saskatoon Club will ensure that any such amendment will be made available to you on this website. Your use of this website after such amendments are posted signifies your acceptance of those revised terms of these Terms of Use. You are responsible for periodically visiting this webpage to review the terms and conditions of these Terms of Use. You may not change, modify or amend these Terms of Use in any manner. No consent of or waiver by the Saskatoon Club will be effective unless in writing and signed by an authorized representative of the Saskatoon Club.
18. Severance. If any provision these Terms of Use is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such provision shall be severed from these Terms of Use and shall not affect any other provision of these Terms of Use, and these Terms of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in these Terms of Use. All other provisions of these Terms of Use shall, nevertheless, remain in full force and effect and no provision shall be deemed dependent upon any other provision unless so expressed herein.
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.
20. Enurement. The terms and provisions of these Terms of Use enure to the benefit of, and are binding upon, you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon the Saskatoon Club and its successors and assigns.
21. Termination. If you breach any provision of these Terms of Use, you may no longer use this website or any Materials. The Saskatoon Club may, in its sole and absolute discretion for any reason, cancel or terminate your right to use this website or any Material at any time without notice, whereupon you are no longer authorized to use this Website and the Material. In the event of any termination of the agreement constituted by these Terms of Use or your right to use this website and the Materials, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this website and the Materials and the Saskatoon Club may continue to use and disclose your personal information in accordance with our Privacy Statement, as amended from time to time. All provisions of these Terms of Use that by their nature are intended to continue after the termination of this agreement shall survive and continue after such termination.
22. Other Jurisdictions. Use of this website is not authorized in any jurisdiction that does not give full effect to all of these Terms of Use.
23. General. If you have any questions regarding these Terms of Use, please contact the Saskatoon Club. For other general questions, please refer to our Contact Us page. Members, partners and suppliers, please read our Special Terms of Use.
The foregoing terms and conditions were last amended on 17 April 2006.
Copyright © 2006 The Saskatoon Club. All rights reserved.