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Your access to and continued use of the FishingCanada.com Web site constitute your acceptance of and compliance with the following provisions. Please take some time to familiarise yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the FishingCanada.com Web site. These terms and conditions may change from time to time and it is your responsibility to check for such updates. The last revision data for these terms and conditions is set forth below.
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The FishingCanada.com Web site and all content
provided on the FishingCanada.com Web site is protected by copyright, trademark, and other
applicable intellectual property and proprietary rights laws, and is owned,
controlled, and/or licensed by FishingCanada.com and/or its
affiliates and related companies. Nothing contained on this Web site grants,
by implication, estoppel, or otherwise, any licence or right to use any
trade-marks, logos, or other names, including, but not limited to, those
identifying FishingCanada.com and/or its affiliates and related companies or their
respective products and services displayed on this site, without the expressed
written consent of FishingCanada.com or such third party that may own such trade-marks,
logos and other names displayed on this site.
Without the expressed written consent of FishingCanada.com, no information or material from this Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials onto any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on this Web site and any content accessed through this Web site. You are hereby advised that FishingCanada.com will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
You will use this Web site and any content, material, or information found on this Web site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through, the FishingCanada.com Web site any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or that contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through this Web site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through this Web site. Any conduct by you that in FishingCanada.com's discretion restricts or inhibits any other user from using or enjoying this Web site will not be permitted.
FishingCanada.com has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through this Web site, and FishingCanada.com is not responsible for any of this material or information. However, FishingCanada.com reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, FishingCanada.com reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
The foregoing provisions of
this section are for the benefit of FishingCanada.com, its affiliates and related companies
and its third party content providers and licensors and each shall have
the right to assert and enforce such provisions directly or on its own
The information contained on the FishingCanada.com Web site is for informational purposes only and it is not intended to meet any particular user's need. Documents provided on this Web site are provided as a service only, and do not constitute official versions of such documents. The FishingCanada.com Web site, and all content, material, information or postings found on or accessed through this Web site, are provided on an "AS IS" basis. FishingCanada.com, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to this Web site or the content contained in or accessed through this Web site.
Neither FishingCanada.com nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the FishingCanada.com Web site or the content contained in or accessed through the FishingCanada.com Web site, including, but not limited to, the contents of any content, information, material, or posting found on the FishingCanada.com Web site (including, but not limited to, any press releases or financial information), any services provided through the FishingCanada.com Web site, or any links to other sites made available on the FishingCanada.com Web site or the content contained on such site(s), or as to the continuous or error free use and operation of the internet or the FishingCanada.com Web site.
Neither FishingCanada.com nor its affiliates and related companies, nor each of their respective directors, officers, employees, consultants or agents makes any representations or warranties that the FishingCanada.com Web site or access to and use of the FishingCanada.com Web site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the FishingCanada.com Web site is at your sole risk.
Under no circumstances, including,
but not limited to, negligence, gross negligence, negligent misrepresentation
and fundamental breach shall FishingCanada.com or its affiliates and related companies,
and each of their respective directors, officers, employees, consultants
and agents be liable for any direct, indirect, incidental, special or
consequential damages or any loss that result from the use of, or the
inability to use, any content, information, material, or postings on the FishingCanada.com
Web site, directly or indirectly, or the transmission of confidential
or sensitive information over the internet. These limitations apply regardless
of whether the party liable or allegedly liable was advised, had other
reason to know, or in fact knew of the possibility of such damages. You
specifically acknowledge and agree that neither FishingCanada.com nor its affiliates
and related companies, nor each of their respective directors, officers,
employees, consultants and agents shall be liable for any defamatory,
offensive or illegal conduct of any user, including you.
You hereby grant to FishingCanada.com
a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right
and licence to use, reproduce, modify, adapt, publish, translate, distribute
and sub-licence any and all material or information submitted by you to
the FishingCanada.com Web site or by e-mail to FishingCanada.com and/or to incorporate it in other works
regardless of form, medium or technology. FishingCanada.com shall not be subject to
any obligations of confidentiality regarding any such information submitted
to it unless specifically agreed by FishingCanada.com or required by law. You agree
that any information submitted for inclusion at the FishingCanada.com Web site does not
infringe the intellectual property or other rights of any third parties
and you grant FishingCanada.com a right to provide access to the information from the
Web site. You warrant that any software submitted to FishingCanada.com shall be free
of computer viruses.
FishingCanada.com respects each individual's autonomy and is committed to protecting the privacy of all users of the site. FishingCanada.com's stance on privacy is very simple. FishingCanada.com collects personal information about you only when you knowingly and willingly provide it; and secondly, FishingCanada.com will not share or otherwise profit from the distribution of personal data beyond the use it was provided to fulfill. As with all FishingCanada.com's relationships either on or off the internet, FishingCanada.com holds its customers' information with care and in strict confidentiality. Notwithstanding, FishingCanada.com reserves the right at all times, without prior notification to you, to disclose any information about you or your use of the FishingCanada.com Web site as necessary to satisfy any law, regulation, governmental request or court order.
FishingCanada.com does aggregate, non-personal information about our customers from surveys to better understand our customers' needs and to improve our services overall. This aggregate information is shared with business-partners and advertisers but does not include any personally identifiable information, and does not put the confidentiality of your information at risk.
Complete confidentiality and
security is not yet possible over the Internet. Internet use and communication
is subject to interception, loss and alteration. On whichever site you
provide personal information, it is possible for a third party to view
that information. It is not surprising, for example, that messages to
newsgroups have resulted in unsolicited email from spammers. You acknowledge
and agree that FishingCanada.com and its affiliates and related companies shall not
be responsible for any damages you may suffer as a result of the transmission
of confidential or sensitive information over the Internet, and that all
such communications will be at your own risk.
Web sites accessed via hypertext
link or other means from the FishingCanada.com Web site have, unless otherwise indicated,
been independently developed by third parties and we do not warrant the
accuracy or completeness of the information contained in such sites. The
inclusion of any information, material, content or links on the FishingCanada.com Web site
should not be construed as an express nor an implied endorsement of any
third party products or services.
To the maximum extent permitted
by applicable law, you will defend, indemnify and hold harmless FishingCanada.com,
its affiliates and related companies, and each of their respective directors,
officers, employees, consultants and agents from and against all claims,
liability, and expenses, including all legal fees and costs, arising out
of: (i) your breach of these provisions; or (ii) your use of this Web
site, the content contained in this Web site and the placement or transmission
of any information or other materials on the FishingCanada.com Web site made by you or
others using your account. You agree to promptly notify FishingCanada.com immediately
after you become aware of any unauthorised use of your account and to
take such reasonable steps as are necessary to prevent any reoccurrence
of such event. FishingCanada.com reserves the right, in its sole discretion and at
its own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you. You will co-operate as fully
as reasonably required in the defence of any claim.
If you are dissatisfied with
the FishingCanada.com Web site or these provisions, your sole and exclusive remedy is to
discontinue using the FishingCanada.com Web site. In such an event, you agree to destroy
all materials obtained by you on the FishingCanada.com Web site and all copies thereof.
These provisions shall survive any such termination.
FishingCanada.com is a distributor (and
not a publisher) of content supplied by third parties and users of the FishingCanada.com
Web site. Accordingly, FishingCanada.com has no more editorial control over such content
than does a public library, bookstore, or news-stand. Any opinions, advice,
statements, services, offers, or other information or content expressed
or made available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and not
of FishingCanada.com. In many instances, the content available through the FishingCanada.com Web site
represents the opinions and judgments of the respective information provider
or user. FishingCanada.com neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the FishingCanada.com Web site
by anyone other than authorised FishingCanada.com employee spokespersons while acting
in their official capacities.
FishingCanada.com also assumes no responsibility,
and shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to,
use of, or browsing in the FishingCanada.com Web site or your downloading of any materials,
data, text, images, video, or audio from this Web site.
Any disputes arising hereunder
shall be governed exclusively by the laws of the province of British Columbia and
the laws of Canada applicable therein, without giving effect to their
conflict of laws principles. You expressly consent to the exclusive forum,
jurisdiction, and venue of the courts of British Columbia and/or the Federal Court
of Canada in British Columbia, or any other judicial district or jurisdiction as
FishingCanada.com may determine, in any and all actions, disputes, or controversies
relating hereto. These provisions and any rules, policies or guidelines
posted on the FishingCanada.com Web site by FishingCanada.com constitute the entire agreement between
FishingCanada.com and you with respect to the subject matter hereof. No waiver by either
FishingCanada.com or you of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. If any provisions
contained herein shall be determined to be void, invalid, or otherwise
enforceable by a court of competent jurisdiction, such termination shall
not affect the remaining provisions contained herein. The parties have
required that these provisions and all documents relating thereto be drawn
up in English. Les parties ont demandé que cette convention ainsi que
tous les documents qui s'y rattachent soient rédigés en anglais.