Terms of Use
These terms and conditions of use, as amended or replaced from time to time (collectively, the “Terms of Use”), constitute a legal agreement between User (as defined below) and Alberta WaterPortal Society (“we”, “us”, our”, “ourselves”). These Terms of Use are meant to be used in conjunction with our Privacy Policy.
1. ACCEPTANCE
Our website, located at http://www.albertawater.com, (the “Website”) is owned and operated by the Alberta WaterPortal Society. On the Website, we make available to User various information, documents, images, software, products (collectively, the “Materials”) and various services provided by us (collectively, the “Services”), subject to the terms and conditions set forth in this Terms of Use. Access to and/or use of the Website, which includes access to and/or use of the Materials and Services, will constitute acceptance of the Terms of Use.
We reserve the right to replace or amend the Terms of Use, in our sole discretion, at any time. This includes, without limiting the generality or effect of the foregoing, making enhancements or modifications to the Materials and Services provided. User’s access to and/or use of the Website will be subject to the current version of the Terms of Use posted on the Website at the time of such access and/or use. In addition, access to and/or use of particular Materials and Services on the Website or upon entering certain sections of the Website will be subject to any posted guidelines or rules applicable to such Materials and Services and sections of the Website that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines, rules and additional terms and conditions are incorporated by reference into the Terms of Use.
2. USER
The term “User” shall include all visitors to the WaterPortal Website.
3. CONSENT TO AGGREGATE USE OF USER INFORMATION
In order to make various features and functions of the Materials and Services available to Users, we may collect information about the User and the User’s use of the Website including the information identified in our Privacy Policy (“User Information”). The Materials and Services available to Users may include Materials and Services provided by us and/or by third parties (“Strategic Partners”).
The User acknowledges and agrees that our collection and use of User Information in accordance with our Privacy Policy and operation and provision of the Website, as contemplated under the Terms of Use, is not a breach of a User’s right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. User hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as User Information is collected, stored, and used in material accordance with our Privacy Policy, or in the case of Users making use of Materials and Services provided by our Strategic Partners, the privacy policy of such Strategic Partner(s).
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
Users are granted a non-exclusive, non-transferable, limited license to access and use the Materials, Services and the Website in accordance with the Terms of Use. With respect to information available on the Website, User may (a) view that information, and (b) print that information for use in accordance with the Terms of Use, so long as all copyright, trademark, and other proprietary rights notices are included on those copies.
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.
We will never share User’s Information without User’s permission. All User Information is stored on servers located in Canada and is subject to our Privacy Policy. This Privacy Policy discloses what information WaterPortal gathers, how it is used, how it is disclosed and how to correct or modify it.
9. LINKING
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.
IF THE FOREGOING LIMITATIONS ARE HELD TO BE UNENFORCEABLE, OR IF USER IS DISSATISFIED WITH ANY PORTION OF THE MATERIALS OR SERVICES ON THE WEBSITE, OR WITH THE TERMS OF USE, USER’S, AND ANY OTHER PERSON’S OR ENTITY’S SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THE TERMS OF USE OR THE USE OF THE WEBSITE IS TO DISCONTINUE USE OF THE WEBSITE.
12. INDEMNITIES
User agrees at its own expense to indemnify, defend and hold us and our subsidiaries, affiliates, directors, officers, employees, agents, associates, suppliers and Strategic Partners harmless from and against any losses, costs, damages, liabilities and expenses (including, without limitation, legal costs on a solicitor and their own client basis) arising out of or related to a third party claim, action or allegation: (a) related in any way to a transaction or dispute between User and any third party, (b) based on or caused by unauthorized access to the Website through User’s account, (c) based on facts or alleged facts that would constitute a breach of law by User or a breach of any of User’s representations, warranties or obligations under the Terms of Use, or (d) arising out of a request for us to remove or disable access to any User content in or on the Website. User shall not incur expenses and fees in defending the above claims, actions or allegations without the prior written approval from us.
13. TERM AND TERMINATION
We may immediately terminate User’s right to access and use the Website in our absolute discretion. We also reserve the right to suspend access to and use of the Website pending cure of a User’s breach. Termination of User’s right to access and use the Website is in addition to all other legal or equitable remedies available to us. Upon termination, User shall cease to access or to use the Website, however the User shall be entitled to continue to use any data generated from use of the Website so long as such use was in accordance with the Terms of Use.
Termination of User’s right to access and use the Website will not affect the validity of any provisions in the Terms of Use that are, expressly or by implication, to survive or to take effect after such termination.
14. NOTICES
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 Terms of Use and the use of the Website, Services and Material shall be construed, interpreted and enforced solely in accordance with, and the respective rights and obligations of the parties hereto shall solely be governed by, the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to the conflict of laws provisions thereof.
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
The Terms of Use and all documents incorporated herein by reference constitute the entire agreement between User and us with respect to the use of and/or access to the Website and supersede all prior agreements and previous discussions (written or oral) between User and us relating to the subject matter hereof.
Notwithstanding the foregoing, we reserve the right to amend the Terms of Use at any time by posting updated Terms of Use on the Website in a location similar to where the previous Terms of Use were posted. We may also add, delete or modify some or all of the Materials, Services or the Website at any time. If User continues to use the Materials, Services or the Website, then User will be considered to have accepted any such modifications. User may only amend the Terms of Use in a written document signed by both parties.
17. GENERAL PROVISIONS
If any provision of the Terms of Use is held invalid or unenforceable, the unenforceable provision will be construed in accordance with the laws of Alberta as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
Headings are for reference purposes only and have no legal effect.
Waiver by either party of a breach of any provision of the Terms of Use or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other rights.
We will not be liable for any amount for failure to perform any obligation under the Terms of Use if such failure is caused by the occurrence of a cause beyond our reasonable control including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, act of God, or any acts of governmental bodies or authorities.
Users and ourselves are independent and no agency, partnership, joint venture, employer – employee or other similar relationship is intended or created by User’s acceptance of the Terms of Use, or User’s use of or participation in the Website.
The Terms of Use may not be assigned or transferred by User to third parties without our prior written permission.
18. COPYRIGHT
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.