|
|
1. ACCEPTANCE OF TERMS
All website services provided to you by After Development Internet Consulting
and any of its affiliates (together herein referred to as "afterdev.com")
are provided to you subject to the following terms and conditions of service.
Your subscription to the any of the services listed on the various afterdev.com
websites and use of the websites indicate that you accept and agree to be bound
by these terms and conditions of service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself 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 you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
3. AFTERDEV PRIVACY POLICY
Your privacy is important to us. Afterdev.com will not disclose any information
to third parties. We do not sell, rent, loan, trade, or
lease personal information to anyone.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and member account designation upon completing the
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Afterdev.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Afterdev.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 4.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not Afterdev.com, are
entirely responsible for all Content that you upload, post, e-mail or otherwise
transmit via the Service. Afterdev.com does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will Afterdev.com be liable in any way for any Content, including, but not limited
to, for 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, e-mailed or otherwise
transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit
any Content that:
(a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful,
or otherwise objectionable;
(b) you do not have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information );
(c) infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; or
(d) interferes with or disrupts the Service or servers or networks connected
to the Service
Afterdev.com and its designees shall have the right to remove any Content that
violates the Terms of Service or is otherwise objectionable. You agree that you
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.
You acknowledge and agree that Afterdev.com 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 these Terms of Service; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Afterdev.com, its users and the public.
6. INDEMNITY
You agree to indemnify and hold After Development Internet Consulting and Afterdev.com,
and their subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post
to or transmit through the Service, your use of the Service, your connection
to the Service, your violation of the Terms of Service, or your violation of
any rights of another.
7. NO RESALE OF SERVICE
You 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.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Afterdev.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that e-mail messages or other uploaded Content will be retained by the
Service, the maximum number of e-mail messages that may be sent from or received
by an account on the Service, the maximum size of any e-mail message that may
be sent from or received by an account on the Service, the maximum disk space
that will be allotted on Afterdev.com's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Afterdev.com has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
Afterdev.com reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Afterdev.com reserves the
right to change these general practices and limits at any time, in its sole discretion,
with or without notice.
9. MODIFICATIONS TO SERVICE
Afterdev.com 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. You agree that Afterdev.com shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the
Service.
10. TERMINATION
You agree that Afterdev.com, in its sole discretion, may terminate your 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 Afterdev.com believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Service. Afterdev.com may also in its
sole discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access
to the Service may be effected without prior notice, and acknowledge and agree
that Afterdev.com may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or the Service. Further, you agree that Afterdev.com shall not be liable to you
or any third-party for any termination of your access to the Service.
11. AFTERDEV.COM'S PROPRIETARY RIGHTS
You 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.
You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Afterdev.com or advertisers, you
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.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. AFTERDEV.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
(b) AFTERDEV.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFTERDEV.COM
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFTERDEV.COM 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 AFTERDEV.COM 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 YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. TRADEMARK
Afterdev.com, the afterdev.com logo, whistler-canada.com, the whistler-canada.com
logo, whistlerhousing.com, the whistlerhousing.com logo, squamishhousing.com,
the squamishhousing.com logo, pemberton-canada.com, the pemberton-canada.com
logo, other marks and logos, other afterdev.com network logos and service names
are trademarks of Afterdev.com. ("Afterdev.com Marks"). Without afterdev.com's
prior permission, you agree not to display or use in any manner the Afterdev.com
Marks.
|
|