1. ACCEPTANCE OF TERMS
Recreation NB (RNB) provides services to members subject to the following Terms of Service ("TOS"), which may be updated by RNB from time to time without notice. In addition, when using particular RNB services, members and RNB shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference to the TOS.
2. DESCRIPTION OF SERVICE
RNB currently provides members with access to business information and related services (the "Service"). Members understand and agree that the Service may include advertisements and that these advertisements may be necessary for RNB to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RNB properties, shall be subject to the Membership Conditions. Members understand and agree that the Service is provided "AS-IS," and that RNB assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
Members are responsible for obtaining access to the Service and access may involve third party fees (such as Internet Service Provider or airtime charges). Members are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, members must provide and are responsible for all equipment necessary to access the Service.
3. MEMBER REGISTRATION OBLIGATIONS
In consideration of member use of the Service, members agree to: (a) provide true, accurate, current, and complete information as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If any information is provided that is untrue, inaccurate, not current, or incomplete, or RNB has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, RNB has the right to suspend or terminate the applicable account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Members receive a password and account designation upon completing the Service's registration process. Members are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur using this password or account. Members agree to: (a) immediately notify RNB of any unauthorized use of a member password or account or any other breach of security, and (b) exit from the applicable member account at the end of each session. RNB cannot and will not be liable for any loss or damage arising from failure to comply with this Section 5.
6. MEMBER CONDUCT
Members understand that all information, data, text, photographs, and graphics (collectively representing "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that each member, and not RNB, is entirely responsible for all Content posted by that member or member Content otherwise made available via the Service. RNB does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Members understand that by using the Service, a member may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will RNB be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
Members agree not to use the Service to:
Members acknowledge that RNB does not pre-screen all Content, but that RNB and its designees have the right (but not the obligation) in their sole discretion to refuse or remove/move any Content that is available via the Service. Without limiting the foregoing, RNB and its designees have the right to remove any Content that violates the Membership Conditions or is otherwise objectionable. Members agree that each member must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the member acknowledges that the member may not rely on any Content created by RNB or submitted to RNB, including without limitation information currently held by RNB.
Members acknowledge and agree that RNB may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Membership Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RNB, its users, and the public.
Members understand that the technical processing and transmission of the Service, including member Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, members agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, members agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which the member resides.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RNB does not claim ownership of Content that a member submits or makes available for inclusion on the Service. However, with respect to Content submitted or made available by a member for inclusion on publicly accessible areas of the Service, the member grants to RNB the following worldwide, royalty-free, and non-exclusive license(s) as applicable:
With respect to Content submitted or made available by a member for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting RNB, to which such Content was submitted or made available. This license exists only for as long as the member elects to continue to include such Content on the Service, and will terminate at the time the member removes or RNB removes such Content from the Service.
With respect to photos or graphics submitted or made available by a member for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as the member elects to continue to include such Content on the Service, and will terminate at the time the member removes or RNB removes such Content from the Service.
Members agree to indemnify and hold RNB, its employees, subsidiaries, affiliates, officers, agents, co-branders or other partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content the member submits, posts, transmits, or makes available through the Service, the member's use of the Service, the member's connection to the Service, the member's violation of the Membership Conditions, or the member's violation of any rights of another.
10. NO RESALE OF SERVICE
Members agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
Members acknowledge that RNB may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings or other uploaded Content will be retained by the Service, and the maximum number of times (and maximum duration for which) a member may access the Service in a given period of time. Members agree that RNB has no responsibility or liability for the deletion of or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Members acknowledge that RNB reserves the right to log off accounts that are inactive for an extended period of time. Members further acknowledge that RNB reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
RNB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Members agree that RNB shall not be liable to any member or to any third party for any modification, suspension, or discontinuance of the Service.
Members agree that RNB, in its sole discretion, may terminate a member password, account (or any part thereof), or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RNB believes that a member has violated or acted inconsistently with the letter or spirit of the TOS. RNB may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Members agree that any termination of access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the RNB may immediately deactivate or delete any member account and all related information and files in any member account and/or bar any further access to such files or the Service. Further, members agree that RNB shall not be liable to any member or any third-party for any termination of access to the Service.
14. DEALINGS WITH ADVERTISERS
Member correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, representations, and conditions, or representations associated with such dealings, are solely between the member and such advertiser. Members agree that RNB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RNB has no control over such sites and resources, members acknowledge and agree that RNB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Members further acknowledge and agree that RNB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
16. PROPRIETARY RIGHTS OF RNB
Members acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Members further acknowledge and agree that Content contained in sponsor advertisements or information presented to members through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by RNB or advertisers, members agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
Members expressly understand and agree that:
18. LIMITATION OF LIABILITY
Members expressly understand and agree that RNB shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if RNB has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of a member's transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties, representations, and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to a given member as determined by RNB.
Notices to members may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to members generally on the Service.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between the member and RNB and govern member use of the Service, superceding any prior agreements between the member and RNB. Members may also be subject to additional terms and conditions that may apply when using affiliate services, third-party content, or third-party software. The TOS and the relationship between the member and RNB shall be governed by the laws of the province of New Brunswick and Canada without regard to its conflict-of-law provisions. The member and RNB agree to submit to the personal and exclusive jurisdiction of the courts located within the province of New Brunswick, Canada. The failure of RNB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Members agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.