The term “User” shall include all visitors to the WaterPortal Website.
3. CONSENT TO AGGREGATE USE OF USER INFORMATION
4. INTELLECTUAL PROPERTY
The Website and Materials are protected by applicable copyright, trademark, patent and other intellectual property laws under both Canadian and foreign laws; unauthorized use of the Website or Materials may violate such laws. Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website and used in connection with the Website may constitute our registered or unregistered trademarks.
Except as expressly provided herein, we do not grant any express or implied right to User under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Website or Materials. User must retain all copyright, trademark, patent or other proprietary notices contained in the Materials and on any copies thereof. Except as expressly permitted herein, no portion of the Materials on the Website may be reproduced in any form or by any means without our prior written permission.
While certain trademarks of third parties may be used by us under license, the display of third party trademarks on the Website should not be taken to imply any relationship between us and the owner of the trademarks or to imply that we endorse the wares, services or business of the owner of the said trademarks.
5. LICENSE AND USE BY USERS
User agrees not to use the Website to upload, post or otherwise transmit any data, content or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or interferes with or disrupts the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
6. ACCESS TO THE WEBSITE
User is responsible for providing all equipment necessary to access the Internet and the Website. Access to the Website requires an Internet Service Provider and the use of an Internet Browser. The Website aims to be available 24 hours a day, 7 days a week. We reserve the right to make updates or modifications to the Website as required from time to time. User agrees that we shall not be liable for any damages or losses incurred from or caused by interruptions, suspensions or terminations of the Website.
7. VIRUSES AND INTERNET SECURITY
We cannot and do not guarantee nor warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. We assume no responsibility or liability for any damage in connection with User’s access to or use of the Website or User’s downloading or use of any data, text, images, files or other materials from the Website.
User acknowledges that when using the Website, information will be transmitted over a medium that is beyond our control and jurisdiction. Accordingly, we assume no liability for the delay, failure, interruption, or corruption of any data transmitted in connection with the Website.
8. PRIVACY AND SECURITY
We place a high premium on security and privacy. We have implemented security measures to protect the security of all User information under our control from loss, theft, misuse or alteration. However, transmission of information over the Internet cannot be 100% secure. All Users are responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy their own requirements for the protection of their systems and the accuracy of their data.
The links and/or interfaces to third party websites that are included within the Website may permit User to leave the Website to go to third party websites that are not under our control.
We make no representations or warranties whatsoever about any other website to which User may have access through the Website including, but not limited to, the websites of our Strategic Partners. We are not responsible for the contents, accuracy or reliability of any information, data, opinions, advice, or statements contained or made on such third party websites; or any link contained in a third party website, or any changes or updates to such websites, or for any damages or loss caused or alleged to be caused through or in connection with the use of or reliance on the content, goods or services available on or through any such link, interface, website or resource.
We provide these links merely as a convenience and, unless otherwise indicated, the inclusion of such links or interfaces does not imply that we endorse or accept any responsibility for the content or uses of such websites.
10. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ITS CONTENT. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (II) THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) DEFECTS OR ERRORS IN THE WEBSITE OR ITS CONTENT, WHETHER HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (IV) THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, OR (V) COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ASSIGNS (COLLECTIVELY, OUR “REPRESENTATIVES”) BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST OR DAMAGED DATA OR ECONOMIC LOSS, REGARDLESS OF THE CAUSE OF ACTION, ARISING DIRECTLY OR INDIRECTLY WITH RESPECT TO THE WEBSITE OR ITS CONTENT OR THE USE OF OR THE INABILITY TO USE THE WEBSITE OR ITS CONTENT. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE OR our REPRESENTATIVES ARE FOUND LIABLE FOR ANY DAMAGES, SUCH DAMAGES SHALL NOT EXCEED $10.00 IN THE AGGREGATE.
13. TERM AND TERMINATION
Subject to the terms hereof, all notices to be delivered hereunder by User to WaterPortal may be delivered only by email to info[at]albertawater.com. Subject to the terms hereof, all notices to be delivered hereunder by us to User may be delivered only by email to the email address that was used to provide the username and password to the User, if applicable. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient). If the sending party receives notice that the email has not been delivered, it may hand deliver a notice hereunder in writing to the recipient’s last known address. In such instance, notice shall be deemed given at the time of delivery.
15. GOVERNING LAW
The User hereby irrevocably consents and submits to the exclusive jurisdiction of the Courts of Calgary, Alberta, Canada and, as applicable, the federal Court of Canada; and all courts competent to hear appeals therefrom and to any other court having jurisdiction over User solely to enforce a judgment of a Court of Alberta or the federal Court of Canada. User waives any objections to the laying of venue in such courts. User agrees not to seek to enforce an order that has its origin in any court other than the Courts of Calgary, Alberta, Canada or the federal Court of Canada.
We make no representation or warranty that the Materials or Services available on the Website are appropriate or available for use in locations outside of Canada, and accessing them from jurisdictions where the contents of the Materials or Services are illegal is prohibited. Users who choose to access the Website from locations outside of Canada do so at their own initiative and are responsible for compliance with local laws.
16. ENTIRE AGREEMENT
17. GENERAL PROVISIONS
Headings are for reference purposes only and have no legal effect.
Copyright© 2023 Alberta WaterPortal Society. All rights reserved. Any rights not expressly granted herein are reserved. Elements of the Website are protected by trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or information from the Website may be copied or transmitted, unless expressly permitted by us.
For more information, comments, or questions, or in order to manage, update, correct, modify, or deactivate an account, please contact info[at]albertawater.com.