ACCEPTANCE OF AGREEMENT
By using this site, you consent to submit to the exclusive jurisdiction of the Provincial and Federal courts of British Columbia.
SITE CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the messages, information, data, text, software, images, graphics or other materials posted on the Site (the “Content”) contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by The Nelson & District Chamber of Commerce, its third party licensors or suppliers, and that such proprietary material is protected by law, including copyright laws and international treaty provisions. The materials on this site are intended but not guaranteed to be correct, complete and up-to-date. We do not intend any information on this site to be treated or considered as the most current expression of the industry on any given point, and certain positions expressed on this site may be, by passage of time or otherwise, superseded or incorrect.
Further, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under this Agreement.
LINKS TO OTHER WEBSITES AND THIRD PARTY CONTENT
Further, The Nelson & District Chamber of Commerce does not warrant the accuracy, completeness or security of any other website which the user may access through the Discover Nelson website or which provides links to the Discover Nelson website; nor does such a link between the Discover Nelson website and a third party’s website constitute an endorsement or recommendation of such third party’s products, services and/or informational content. We are not responsible for and assume no liability for any third party content.
OUR WEBSITE DESCRIBES SOME OF THE BUSINESSES FROM AROUND NELSON. OUR DESCRIPTION OF THOSE BUSINESSES IS SUMMARY IN NATURE AND THE INFORMATION HAS BEEN OBTAINED DIRECTLY BY US OR THROUGH PUBLIC KNOWLEDGE. NOTHING HEREIN IS INTENDED TO NOR CONSTITUTES A GUARANTEE, WARRANTY OR PREDICTION REGARDING THE BUSINESS.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, WITH ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, AND ACCURACY OF DATA OR CONTENT). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE A WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY OF ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
LIMITATION OF LIABILITY
(A) WE AND ANY AND ALL AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (I) ANY ERRORS IN OR OMISSION FROM THE WEBSITE OR INFORMATION OBTAINED, (II) THE UNAVAILABILITY OR INTERRUPTION OF THE WEBSITE OR ANY FEATURES THEREOF, (III) YOUR USE OF THE WEBSITE, (IV) THE CONTENT CONTAINED ON THE WEBSITE, OR (V) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF US AND ANY AND ALL AFFILIATED PARTIES.
(B) THE AGGREGATE LIABILITY OF US AND ANY AND ALL AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AND ALL AFFILIATED PARTIES.