Whistler Deluxe provides
detailed information regarding the Website Terms Of
Use when visiting this website. The details of the
Website Terms Of Use policy are detailed below.
Website Usage Terms
Whistler Deluxe Company (“Whistler Deluxe”)
operates this Site to provide online access to information
about Whistler Deluxe and the products, services (the
“Service”). By accessing and using this
Site, you agree to each of the terms and conditions
set forth herein (“Terms of Use”). Additional
terms and conditions applicable to specific areas
of this Site or to particular content or transactions
are also posted in particular areas of the website
and, together with these Terms of Use, govern your
use of those areas, content or transactions. These
Terms of Use, together with applicable additional
terms and conditions, are referred to as this “Agreement.”
Whistler Deluxe reserves the right
to modify this Agreement at any time without giving
you prior notice. Your use of the website following
any such modification constitutes your agreement to
follow and be bound by the Agreement as modified.
1. Use of Site
You may use the Service, the Site, and the information
(the “Content”) solely for your purposes
and/or to learn about Whistler Deluxe
products and services. No right, title or interest
in any Content is transferred to you, whether as a
result of downloading such Content or otherwise. Whistler Deluxe reserves complete title and
full intellectual property rights in all Content.
Except as expressly authorized by this Agreement,
you may not use, alter, copy, distribute, transmit,
or derive another work from any Content obtained from
the Site or the Service, except as expressly permitted
by the Terms of Use.
2. Copyright Information
The Site and the Content are protected by copyright
laws, and belong to Whistler Deluxe.
The copyrights in the Content are owned by Whistler Deluxe or other copyright owners
who have authorized their use on the Site.
3. Registered Trademarks
You are prohibited from using any of the logos appearing
throughout the Site without permission from the trademark
owner.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information
are provided solely as a convenience to you. If you
use these links, you will leave the Site. Such links
do not constitute or imply an endorsement, sponsorship,
or recommendation by Whistler Deluxe
of the third party, the third-party web site, or the
information contained therein. Whistler Deluxe
is not responsible for the actions of any such web
sites. Whistler Deluxe is not responsible
or liable for any such web site or the content thereon.
If you use the links to the web sites of Whistler Deluxe affiliates or service providers, you
will leave the Site, and will be subject to the terms
of use and privacy policy applicable to those external
web sites.
5. Linking to this Site
If you would like to link to the Site, we encourage
you to do so. You may connect “deep links”
to the Site pages in their own browser frame if you
wish.
6. Downloading Files
Whistler Deluxe cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection by software
viruses or other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is
the copyrighted work of Whistler Deluxe.
Use of such software is governed by the terms of the
end user license agreement that accompanies or is
included with the software. Downloading, installing,
and/or using any such software indicates your acceptance
of the terms of the end user license agreement.
8. Limitation of Liability
IN NO EVENT WILL Whistler Deluxe BE
LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT
NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING
OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
(IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING
TO THE SITE, THE SERVICE.
9. Indemnification
You understand and agree that you are personally responsible
for your behavior on the Site. You agree to indemnify,
defend and hold harmless Whistler Deluxe
against all claims, losses, expenses, damages and
costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and
reasonable attorneys’ fees, resulting from or
arising out of your use, misuse, or inability to use
the Site, the Service, or the Content, or any violation
by you of this Agreement.
10. Website Privacy Policy
See Whistler Deluxe's Privacy Policy.
11. Customer Supplied Information
You agree that any material, information, or data
you transmit to us or post to the Site will be considered
non-confidential and non-proprietary.
12. General Website Provisions
a. Entire Agreement/No Waiver. These Terms of Use
constitute the entire agreement of the parties with
respect to the subject matter hereof. No waiver by
Whistler Deluxe of any breach or default
hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default.
b. Enforcement/ Choice of Law/ Choice of Forum. If
any part of this Agreement is determined by a court
of competent jurisdiction to be invalid or unenforceable,
it will not impact any other provision of this Agreement,
all of which will remain in full force and effect.
Any and all disputes relating to this Agreement, Whistler Deluxe’s Privacy Policy, your
use of the Site, any other Whistler Deluxe
web site, the Service, or the Content are governed
by the laws of the province of British Columbia in
Canada.
If you would like to make a suggestion regarding
this policy or any other area of Whistler Deluxe web
site, please send us your comments.
