Terms of Service
By “OUTDOOR ADVENTURISTS .com” we mean the combination of “SERVICES” offered on OutdoorAdventurists.com – a social network built by Central Alberta Web Development, Inc. out of Red Deer, AB.
- By ”SERVICE(S)” we mean the features, functions and data we make available, including through:
- this website and any other OUTDOOR ADVENTURISTS .com branded or co-branded websites (including but not limited to sub-domains, international versions, widgets, plugins, functions and mobile versions);
- our PLATFORM (including but not limited to database, server, internet, telecommunications, cloud, off site storage, development and testing software);
- themes, social plugins and custom programming including (but not limited to) all Central Alberta Web Development Inc.’s available functions, ad modules, flag modules, and other similar offerings); and other media, brands, products, services, software, devices, or networks now existing or later developed.
- By “PLATFORM” we mean a set of back-end processes, system software, application development software, system software, custom software, importing/exporting software, reporting programs, testing software, metrics & analytic/metric software, APIs, databases, server software, load balancing software, front-end SERVICES (such as CONTENT management) and any other software or hardware tool necessary to enable others, including but not limited to APPLICATION developers, third parties, USER(S) and website operators, to retrieve DATA from OUTDOOR ADVENTURISTS .com or provide DATA to us.
- By “INFORMATION” we mean facts and other INFORMATION about you, including actions taken by USER(S) and non-USER(S) who interact with OUTDOOR ADVENTURISTS .com
- By “CONTENT” we mean anything you or other USER(S) POST, provide or share using OUTDOOR ADVENTURISTS .com SERVICES
- By “USER(S)” we mean OUTDOOR ADVENTURISTS .com registered members using SERVICES as an individual with a “person” membership, OR an individual acting on behalf of a business with a “business” membership OR an individual acting on behalf of a club with a “club” membership. It also includes USER(S) providing third party services or products to our site and/or to our company Central Alberta Web Development, Inc. with an admin access and one or more “test” memberships to the site including (but not limited to): programming, hosting, site technical configuration, testing, search engine optimization (SEO), marketing and administrative services.
- By “PARTNERS” we mean other third party companies or organizations that provide ancillary SERVICES to Central Alberta Web Development, Inc. directly or indirectly in support of the company’s marketing, financial and business operations AND in doing so, require access to any of the SERVICES, PLATFORM or DATA on OUTDOOR ADVENTURISTS .com
- By “DATA” or “USER DATA” or “USER’S DATA” we mean any DATA, including a USER’S CONTENT or INFORMATION that you or third parties can retrieve from or provide to OUTDOOR ADVENTURISTS .com through our
- By “POST(S)” we mean submission of DATA of any kind in any format on any medium on OUTDOOR ADVENTURISTS .com or otherwise make available by using OUTDOOR ADVENTURISTS .com.
- By “USE” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “APPLICATION” we mean any APPLICATION or website that USES or accesses our PLATFORM, as well as anything else that receives or has received DATA from us. If you no longer access PLATFORM but have not deleted all DATA from us, the term APPLICATION will apply until you delete the
- By “ADVERTISING” we mean placing an ad on the OUTDOOR ADVENTURISTS .com website using the SERVICE provided for placing ads on it.
These Terms of Service govern our relationship with USER(S) and PARTNERS who interact with OUTDOOR ADVENTURISTS .com website services. By using or accessing these services, you agree to these Terms of Service, as updated from time to time in accordance with Section 9 below.
Safety, Social Norms and Lawful Behavior
OUTDOOR ADVENTURISTS .com does its best to keep SERVICES safe, respectful and lawful, but cannot guarantee it. We cannot control what you or other USER(S) POST as CONTENT on OUTDOOR ADVENTURISTS .com. You agree that you are 100% responsible and accountable for all CONTENT you POST on OUTDOOR ADVENTURISTS .com. This responsibility includes (but is not limited to) any civil or criminal legal consequences, any legal costs or revenue loss resulting to another party due to your POST(s) or any financial or legal harm that comes to Central Alberta Web Development, Inc. as a result of your decision to violate the terms of service including revenue losses, branding damage and general legal costs. Additionally, where we deem appropriate, we will report you to authorities, provide evidence of violations to legal parties, ban your accountant and you from the site and any CONTENT that you as a USER, POST that violates any of the terms of service listed in this agreement. Your commitments include all the terms listed above and below in this document and anything else that violates the spirit of the site to provide a local platform for ethical, legal and respectful dialogue, networking, socializing and advertising. The following list identifies some examples of what you are agreeing to more specifically in relation to the above (but not limited to):
- You will not collect USER CONTENT or INFORMATION, or otherwise access OUTDOOR ADVENTURISTS .com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on OUTDOOR ADVENTURISTS .com;
- You will not upload viruses or other malicious code;
- You will not solicit login INFORMATION or access an account belonging to someone else;
- You will not bully, intimidate, or harass any USER or groups of USER(S);
- You will not attempt to gain unauthorized access to the SERVICE or its related systems and networks;
- You will not knowingly store or transmit malicious code viruses, Trojan horse or worms that may damage or harm our computer systems or those of our members, partners or third parties;
- You will not POST CONTENT that is infringing, libelous, or otherwise unlawful or tortious material (regardless of whether such material is included within your CONTENT, either with or without your consent or knowledge);
- You will not POST CONTENT that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- You will not steal or reverse engineer the user interface design, workflow, or any other feature, function, code, script, module, third party code or design of the OUTDOOR ADVENTURISTS .com website or SERVICE (this includes USER(S) who are contracted or employed by Central Alberta Web Development, Inc and are using “test” memberships or “admin” account access to the code);
- You will not modify, publish, transmit, reproduce, create derivative works from, copy, sell, distribute, display, or incorporate into another website, any of the OUTDOOR ADVENTURISTS .com SERVICE(S) in whole or in part whatsoever for the purposes of competitive commercial gain and agree that this would be a violation of confidentiality with Central Alberta Web Development services who has granted you access to the site through membership of any kind including, but not limited to that of member, administrator, editor or contributor;
- You will not access the SERVICE or take, post, publicly share or display any screenshots or videos of the SERVICE or any part of the SERVICE to the share the information with one of our competitors or a company seeking to create and/or offer SERVICES similar to ours;
- You will not build a competitive service or copy any ideas, features, functions, interface or graphics of the SERVICE;
- You will not USE OUTDOOR ADVENTURISTS .com to do anything unlawful, misleading, malicious, or discriminatory in nature including, but not limited to: Direct Threats, Self-injury, Dangerous Organizations, Bullying & Harassment, Attacks on Public Figures, Criminal Activity, Sexual Violence & Exploitation, Nudity, Hate Speech, Violent & Graphic CONTENT, Fraud, Spam, Identity Theft, or Intellectual Property (IP) violation;
- You will not do anything that could disable, overburden, or impair the proper working or appearance of OUTDOOR ADVENTURISTS .com, such as a denial of SERVICE attack or interference with page rendering or other OUTDOOR ADVENTURISTS .com SERVICE functionality;
- You will not POST CONTENT that is considered: harassment, pestering, irritating or bothersome for the purposes of soliciting or marketing a business’s services or products through POSTS. You will instead use the ADVERTISING function to purchase ads intended to promote or market a business, its services or its products;
- You will NOT POST any material that depicts Central Alberta Web Development, Inc. or OUTDOOR ADVENTURISTS .com in a negative fashion on OUTDOOR ADVENTURISTS .com or any other public online forum of any sort; and
- You will not POST unauthorized commercial communications (such as spam or solicitations) on OUTDOOR ADVENTURISTS .com without Central Alberta Web Development, Inc.’s permission. Instead you agree to use the advertising function provided for advertising or attempting to sell, market or promote business related products or services.
Registration and Account Security
OUTDOOR ADVENTURISTS .com USER(S) provide their real names and INFORMATION, and we need your help to keep it that way. More specifically, some commitments you make to us relating to registering and maintaining the security of your account include (but are not limited to):
- You will not provide any false personal INFORMATION on OUTDOOR ADVENTURISTS .com, or create an account for anyone other than yourself or a business or public entity to which you have written authorization to represent;
- You will not create more than one account per person. You will not create more than one business or club account on behalf of a business or club;
- If we disable your account, you will not create another one without our written permission;
- You will not USE your personal, business or club account activity stream to solicit, market or promote your business’s or public entity’s products or services, and will instead maintain posts that are in the spirit of socializing and networking with the community;
- You will not USE OUTDOOR ADVENTURISTS .com if you are under 12 years of age;
- You will not USE OUTDOOR ADVENTURISTS .com if you are a convicted sex offender;
- You will keep your contact INFORMATION accurate and up-to-date;
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account or others; and
- You will not transfer your account to anyone without first getting our written permission for your personal account, or authorized permission from a business to transfer their account to another administrator of their account, or authorized permission from a public entity to transfer their account to another administrator of their account.
Protecting Other People’s Rights
We respect other people’s rights and expect you to do the same. More specifically, some commitments you make to us relating to respecting other people’s rights include (but are not limited to):
- You will not POST CONTENT or take any action on OUTDOOR ADVENTURISTS .com that infringes or violates someone else’s rights or otherwise violates the law;
- We reserve the right to remove any CONTENT or INFORMATION you POST on OUTDOOR ADVENTURISTS .com if we believe that it violates these Terms and Conditions or our policies;
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate;
- You will not POST anyone’s identification documents or sensitive legal or financial INFORMATION on OUTDOOR ADVENTURISTS .com.
Third Party Services
As a convenience for our members, our SERVICE provides links and interfaces to and from other websites and services maintained by Third Parties as well as functionality supporting or facilitating access to or use of Third Party services and software, such as uploading files directly into certain cloud-based file storage services, interfacing with google, interfacing with other social networks, connecting with PayPal, importing and exportation data, etc. (collectively, “Third Party Services”). When you engage a Third Party’s website or service which is linked to, facilitated through or provided via our SERVICE, you are interacting with the third party and not with us. These Third Party Services are not under our control and we are not responsible for the contents, functionality or performance of any Third Party Services, or any changes or updates to such Third Party Services maintained by the applicable third parties. Posting of a link to or allowing or supporting functionality that facilitates access to or use of Third Party Services is not and does not constitute an endorsement of that Third Party Service (or any of the products, services or other materials offered through such Third Party Service) by us, our affiliates or licensors, regardless of whether or not the link is associated with a third party advertisement carried by our SERVICE or a tool/service we have chosen to use for your convenience. Accordingly, we are not responsible for the privacy practices of such Third Party Services nor any data or information you may share with or via such Third Party Services, and make no warranties, express or implied, as to any Third Party Services or the products or services they provide. You also understand that your use of any Third Party Services may be subject to the applicable Third Party terms. In that event, you are bound to and responsible for complying with the Third Party terms governing the Third Party Services made available on or via our SERVICE through our consent. We may change Third Party services from time to time and will not notify you of that. If you do not agree to this then you should stop using our SERVICE immediately. If you feel any of our Third Party services could potentially put you at any risk, then you should delete your account with us immediately. You understand and agree to this policy in full.
Sharing Your CONTENT and INFORMATION
You are responsible for any consequence resulting from your personal POSTing of CONTENT and INFORMATION on OUTDOOR ADVENTURISTS .com, and you can control how it is shared with other members of OUTDOOR ADVENTURISTS .com through various privacy and profile settings we provide. Additionally:
- For CONTENT that is covered by intellectual property rights, like photos and videos (IP CONTENT), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to USE any IP CONTENT that you POST on or in connection with OUTDOOR ADVENTURISTS .com (IP License). This IP License ends when you delete your IP CONTENT or your account unless your CONTENT has been shared with others, and they have not deleted it;
- When you delete IP CONTENT, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that some removed CONTENT may persist in backup copies for a reasonable time period until regular system maintenance takes place;
- When you publish CONTENT or INFORMATION on OUTDOOR ADVENTURISTS .com, you understand that even though we take steps to secure the CONTENT and INFORMATION is safely stored on our servers, it is still possible that the website could be hacked. New techniques by professional hackers arise regularly. Cyber attacks are becoming increasingly sophisticated. Central Alberta Web Development, Inc. cannot guarantee that your data is always safe and secure with us. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SECURITY VIOLATION, HACK, CYBER ATTACK, AND RESULTING DAMAGES CAUSED FROM SUCH AN UNFORTUNATE ACT to you as a member of OUTDOOR ADVENTURISTS .com and instead you will ensure that any CONTENT you POST is guaranteed to not be harmful in any possible manner to you or anyone else, if OUTDOOR ADVENTURISTS .com is hacked;
- When you publish CONTENT or INFORMATION using any privacy setting other than “private”, it means that you are allowing others, sometimes including people off of OUTDOOR ADVENTURISTS .com, to access and USE that INFORMATION, and to associate it with you (i.e., your name and profile picture);
- When you publish CONTENT or INFORMATION, you are granting Central Alberta Web Development, Inc. unlimited and unfettered access to use this data at their sole discretion for company purposes including, but not limited to: hardware management, software management, communications management, third party management, training and administrative management, marketing and sales purposes, legal purposes, public relations purposes, technical support, data sales to third parties and anything else that provides benefit to Central Alberta Web Development, Inc. for business purposes.
Changes or interruptions to our supporting SERVICES
We reserve the right, at our sole and absolute discretion, to instruct any hosting PARTNER we contract or sub-contract with and who is involved in supporting OUTDOOR ADVENTURISTS .com SOFTWARE, DATA, CONTENT, INFORMATION and anything else, to:
- make any unscheduled deployments of changes, modifications, testing, updates or enhancements to the SERVICE (or any part, feature or functionality thereof) at any time, with or without notice, for a duration of any time frame;
- modify, add, test, debug, disable or remove features or functionality of the SERVICE at any time, with or without notice, for a duration of any time frame;
- modify, add, test, debug, disable or remove any membership categories or membership features, usage limitations, terms, which shall be applicable to you on the first day of the new term for your membership at any time, with or without notice, for a duration of any time frame;
- modify, add, test, debug, disable or remove any content, information or other material made available on or through the SERVICE at any time, with or without notice, for a duration of any time frame;
- modify, add, test, debug, disable or remove any Third Party Services made available on, through or facilitated on or through the SERVICES at any time, with or without notice, for a duration of any time frame;
- modify any pricing for paid memberships or advertising, at any time, with or without notice, for a duration of any time frame;
- modify, add, remove or substitute any promotions or special offers. For example, we may add or remove certain functionality or features to or from the SERVICE or add additional varieties of membership or other services for members; and
- know that you understand and acknowledge that we may either temporarily or permanently suspend or stop the SERVICE altogether, or suspend the SERVICE at any time for scheduled or unscheduled maintenance. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, INTERRUPTION OR DISCONTINUANCE OF THE SERVICE OR ANY FEATURES OR FUNCTIONALITY PROVIDED ON OR THROUGH THE SERVICE OR REMOVAL OF ANY PROMOTIONS OR INTRODUCTORY OFFERS.
Mobile Devices and DATA Usage
- We currently provide our mobile SERVICES for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and DATA charges, will still apply.
- In the event you change or deactivate your mobile telephone number or email address, you will update your account INFORMATION on OUTDOOR ADVENTURISTS .com immediately to ensure that your messages are not sent to the person who acquires your old number or old email address.
- You provide consent and all rights necessary to enable USER(S) to sync (including through an APPLICATION) their devices with any INFORMATION that is visible to them on OUTDOOR ADVENTURISTS .com.
We’ll notify USER(S) through general “all member” notifications before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to USE our SERVICES. Your continued USE of the OUTDOOR ADVENTURISTS .com SERVICES, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines. You will need to delete your account immediately upon receiving the new terms if they are not agreeable to you. New terms go into effect immediately upon OUTDOOR ADVENTURISTS .com posting them to “all members” through the “all member” notification function.
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of OUTDOOR ADVENTURISTS .com to you and delete your account entirely. You will not be able to login if we chose to delete your account or tag your account as a spammer who is banned or terminated. If you terminate or delete your account, you are bound to all these Terms of Service for a period of 5 years after that.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms and Conditions or OUTDOOR ADVENTURISTS .com exclusively in the province of Alberta, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Province of Alberta will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. If anyone brings a claim against us related to your actions, CONTENT or INFORMATION on OUTDOOR ADVENTURISTS .com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for USER conduct, we do not control or direct USER actions on OUTDOOR ADVENTURISTS .com and are not responsible for the CONTENT or INFORMATION that USER(S) transmit or share on OUTDOOR ADVENTURISTS .com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable CONTENT or INFORMATION you may encounter on OUTDOOR ADVENTURISTS .com. We are not responsible for the conduct, whether online or offline, of any USER of OUTDOOR ADVENTURISTS .com. WE TRY TO KEEP OUTDOOR ADVENTURISTS .com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OUTDOOR ADVENTURISTS .com AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUTDOOR ADVENTURISTS .com WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OUTDOOR ADVENTURISTS .com WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. OUTDOOR ADVENTURISTS .com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR OUTDOOR ADVENTURISTS .com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS OR OUTDOOR ADVENTURISTS .com WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CENTRAL ALBERTA WEB DEVELOPMENT Inc.’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Disclaimer of Warranties
WE PROVIDE THE SERVICE, OUR WEBSITE, AND ALL CONTENT AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICE “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU AGREE THAT ANY USE OF OR RELIANCE UPON OUR SERVICE, INCLUDING ANY OF THE INFORMATION, CONTENT, AND OTHER MATERIALS OR THIRD PARTY SERVICES AVAILABLE ON OR THROUGH THE SERVICE, BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SERVICE, ANY THIRD PARTY SERVICES, OR ANY CONTENT STORED ON OR THROUGH THE SERVICE, WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE SERVICE, ANY THIRD PARTY SERVICES, AND ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST, CORRUPTED OR DAMAGED, AND WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
If you are a resident of or have your principal place of business in Canada or the United States of America, these Terms and Conditions is an agreement between you and Central Alberta Web Development, Inc. based out of Red Deer, Alberta, Canada. These Terms and Conditions makes up the entire agreement between the parties regarding OUTDOOR ADVENTURISTS .com, and supersedes any prior agreements. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, granting of a franchise license, or sale of assets, or by operation of law or otherwise. Nothing in these Terms and Conditions shall prevent us from complying with the law. These Terms and Conditions does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing OUTDOOR ADVENTURISTS .com.
You understand that Central Alberta Web Development, Inc., its affiliates, subcontractors, partners and licensors, and all of our and their respective officers, directors, employees, agents, licensors, suppliers are not responsible for any claims, losses, damages, liabilities, costs or expenses, arising out of or resulting from:
- any breach of these Terms and Conditions or any third party terms by you,
- your CONTENT, or the upload, storage, hosting, display, transmission, sharing or distribution of same on or through the SERVICE,
- our compliant exercise of any rights under any licenses or permissions you grant us pursuant to the Terms and Conditions,
- your CONTENT or your use of the SERVICE violates any law, regulation or order, or infringes, violates or misappropriates the rights of any third party, including but not limited to those pertaining to intellectual property, rights of publicity, personality, and privacy, and
- your access to and use of the SERVICE, including but not limited to the use of any features offered on or through the SERVICE, any Third Party Services, any content or comments provided or shared by others on the SERVICE, and your download, upload, sharing or actions with respect to any content, including your CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CENTRAL ALBERTA WEB DEVELOPMENT, INC., ITS AFFILIATES, VENDORS, PARTNERS, LICENSORS AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS, VENDORS AND LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, OR LOSS OF REVENUE, GOODWILL, LOSS OF USE, LOSS OF DATA OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WITHOUT LIMITING THE FOREGOING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF CENTRAL ALBERTA WEB DEVELOPMENT, INC., ITS AFFILIATES, VENDORS, PARTNERS, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, VENDORS OR LICENSORS, TO YOU FOR DIRECT DAMAGES CAUSED BY THE SERVICE OR ANY OTHER CLAIMS BY YOU MADE UNDER THESE TERMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE FEE PAID BY YOU TO US FOR USE OF THE SERVICE IN THE ONE MONTH IMMEDIATELY PRECEDING THE CLAIM. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. THE TERMS OF THIS SECTION PREVAIL NOTWITHSTANDING ANYTHING THAT MAY BE CONSTRUED TO THE CONTRARY ELSEWHERE IN THESE TERMS. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Assignment or Transfer
We may assign, transfer, or otherwise dispose our obligations under the Terms and Conditions, in whole or in part, at any time without notice. We may also assign the Terms and Conditions to any third party for any or no reason. You may not assign, transfer, or otherwise dispose of your rights and obligations under the Terms and Conditions, in whole or in part, at any time. The Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their heirs, permitted successors and assigns.
The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms and Conditions or to exercise any rights or remedies under these Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance.
The section titles and headings in the Terms of Service are for convenience only and shall not be considered in its interpretation or having any legal or contractual effect whatsoever.
If any provision of these Terms of Service is held to be invalid, illegal or unenforceable, you and we agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect our original intentions, and that the remaining provisions shall remain in full force and effect.