Web site Disclaimer
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES AND GUIDELINES OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
The National Trust may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, (collectively, “the Content”) are protected under Canadian and foreign copyright or other laws, and are owned by the National Trust, or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. You may use the Contents for private, non-commercial use.
DISCLAIMER OF WARRANTIES. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE NATIONAL TRUST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY, (II) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED, (IV) THAT WEB SITES LINKED TO OR FROM THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY, OR (V) THAT JOB POSTINGS ARE ACCURATE, RELIABLE, LEGAL COMPLETE OR SUITABLE.
LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE NATIONAL TRUST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE NATIONAL TRUST KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL THE NATIONAL TRUST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM THE CONTENT OF ANY THIRD-PARTY WEB SITE.
The Web site may provide for submissions to bulletin boards, chat rooms or otherwise (collectively, “Submission(s)”). The National Trust does not control the messages, information or files delivered to Submissions and has no obligation to monitor such Submissions. However, the National Trust reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the National Trust’s sole discretion are objectionable or in violation of this Agreement.
You acknowledge that you alone are responsible for the content of your Submissions and any consequences thereof.
When making Submissions, it is a condition of your use that you do not:
- Use any submissions for any illegal purposes (or to solicit any illegal act);
- Restrict or inhibit any other user from using and enjoying the bulletin boards, chat rooms or otherwise;
- Post or transmit any unlawful, threatening, hateful, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and languages;
- Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component;
- Post any harassing messages, information or material;
- Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.
You agree to indemnify, defend and hold harmless the National Trust and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement, (ii) your access, use or inability to access or use the Web site or any Web site to which the Web site is or may be linked to and from time to time, (iii) your use of , reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Web site, and/or (iv) your violation of any law or regulation.
The Web site contains links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the National Trust of the contents of such third-party Web sites. The National Trust is not responsible for the content of any third-party Web site, nor does it make any representation of warranty of any kind regarding any third-party Web site including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party Web site, or (ii) any representation or warranty that the operation of the third-party Web sites will be uninterrupted or error-free, that defects or errors in such third-party Web sites will corrected, or that such third-party sites, you do so at your own risk.
Governing Law and Jurisdiction
The Web site is controlled by the National Trust from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to such matters.
Any consent by the National Trust, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. Except for any agreements with the National Trust that expressly reference this Agreement, this is the entire agreement between you and the National Trust relating to the matters contained herein.
© 2000, The National Trust for Canada. All rights reserved.