PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Willows West and its related, associated, affiliated, successor and subsidiary entities (collectively referred to as “Willows West”) are pleased to provide this website (the “Site”) for your personal, non-commercial use. By accessing, viewing or using the content, material or services available through the Site, you agree to the terms and conditions provided below including Willows West’s Privacy Policy (collectively, “Terms and Conditions”). If you do not agree to the Terms and Conditions, please do not use this Site. In the event that any Willows West website, contains terms and conditions for the use of that site which conflict with or are inconsistent with the Terms and Conditions, those terms and conditions will prevail and govern to the extent of the conflict or inconsistency in connection with the use of that site.
Willows West reserves the right to update, revise or modify these Terms and Conditions at any time, without prior notice, by updating this posting. Any such updates, revisions or modifications will become automatically effective thirty (30) days after they are initially posted.
Your use of this Site following any such update, revision, or modification constitutes your agreement to follow and be bound by such revision, update or modification. We recommend you review these Terms and Conditions each time you use this Site.
Ownership of Intellectual Property
The Site is owned and operated by Willows West. Unless otherwise indicated the contents including without limitation, all logos, trademarks, service marks, trade-dress, texts, graphics, images, and the collection, organization, arrangement and assembly of the contents of this Site (collectively, the “Content”) are the property of Willows West and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property laws, including copyright, trademark and other laws and regulations. You do not acquire any ownership rights to any Content through your access to, or use of, the Site.
No Content from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Willows West’s prior written consent except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Willows West’s copyright, trademark and trade secret rights and others’ proprietary rights. The use of any Content on any other website or networked computer environment for any purpose is strictly prohibited.
Use of Site and Site Material
General Rules
Users may not use the Site in order to transmit, distribute, store or destroy the Content or any material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, scandalous, inflammatory, pornographic, profane, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms and Conditions.
Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing.” Violations of any system or network security may result in civil or criminal liability. Willows West will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Hyperlinks
Unless you have a written permission from Willows West you may not provide a hypertext link to the site on another website.
Links
The Site may contain links to third-party sites. These links are provided solely as a convenience to you and not as an endorsement by Willows West. Willows West is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Disclaimer
WILLOWS WEST MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” WILLOWS WEST DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WILLOWS WEST DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE NOR DOES IT WARRANT THAT THE SITE’S CONTENTS WILL MEET YOUR REQUIREMENTS. WILLOWS WEST DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. WILLOWS WEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WILLOWS WEST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
WILLOWS WEST SHALL HAVE THE RIGHT FOR ANY REASON, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTENT, FEATURES AND HOURS OF AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU.
Limitation of Liability
YOU USE THIS SITE AND ITS CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WILLOWS WEST OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR LICENSEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENTS ON THE SITE, EVEN IF WILLOWS WEST OR A WILLOWS WEST AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WILLOWS WEST TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnity of User
You agree to defend, indemnify and hold harmless Willows West, and each of its officers, directors, employees, parents, shareholders, licensees, assignees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content contained on the Site or your breach of the terms of these Terms and Conditions. Willows West shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, in its sole discretion, at your expense, in defending any such claim, suit or proceeding.
Governing Law
By accessing the Site, you agree that the laws of the Province of Alberta will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. Willows West makes no claims that the Contents may be lawfully viewed or downloaded outside of Canada. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms and Conditions must be brought in Calgary, Alberta, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Alberta, Canada.
Relationships
The relationship between Willows West and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Site.
Severability
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Willows West relating to the subject matter herein.
Violations of Terms of Use
Willows West reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our Site.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Willows West as set forth above.
If Willows West refuses access to you, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND IT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS TERMS & CONDITIONS POLICY. BY CONTINUING TO BROWSE THIS SITE, YOU WILL BE LEGALLY EXPRESSING YOUR ACCEPTANCE IN ACCORDANCE WITH THIS POLICY EVEN IF YOU HAVE NOT READ THIS POLICY.