These terms are a legal agreement between Vellner Leisure Products (“we” or “us”) and you. You should read all the terms before indicating acceptance. These terms apply to the Vellner Leisure Products website and any updates and new features that we may introduce from time to time. If new terms accompany any of those updates or new features, then those terms will apply. By using this website, you accept these terms. If you do not accept them, do not use the website. You are bound by these terms even if you do not read all the terms.
a. “Website” means the Vellner Leisure Products online platform for providing information about local area Vendors and events. The term “Website” specifically includes any new features that we may introduce from time to time under these terms, together with any content that we have uploaded or input. The term “Website” specifically excludes all Personal Data;
b. “Personal Data” means all personal information about an identifiable individual input by users (but excluding business contact information);
c. “users”, “you” and “your” refer to any users of the Website.
- Intellectual Property Rights:You agree that the Website, trade-marks, intellectual property rights, related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
- General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Website. We expressly disclaim any and all liability in connection with our Website. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you “as is” and “as available”. We do not warrant or make any representations of any kind regarding the use or the results of the use of our Website, in terms of their correctness, accuracy, reliability, or otherwise. The content on this Website could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- RELEASE & LIMITATION OF LIABILITY:IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT (A) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU TO ACCESS THE WEBSITE OR THE AMOUNT OF $10.00, WHICHEVER IS GREATER.
8. Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.
- Downtime: The Website may experience temporary downtime as we perform routine maintenance or updates.
- Linked Sites:Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
- Changes:Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect 15 days after posting on our site(s). Continued use of the Website after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Website, in whole or in part, at our sole discretion, at any time, without notice.
- Survival: All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement’s expiry or termination for any reason. The following terms shall survive the termination of this agreement: 6, 8, 9, 10.
15. Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Website. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents 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. This agreement may be agreed to by electronic acceptance.
END OF TERMS