1. Agreement and General Terms of Use
1.1 This User Agreement constitutes the agreement between the Hants/Kings Regional Working Group ("HKRWG")
and you as a user who accesses or establishes a
connection ("user," "you," or "your") to the world wide web site known as
www.CommunityAccessProgram.com ("Site"), which is owned and controlled
by the HKRWG.
1.2 You must agree to abide by all of the provisions in this Agreement in order to
remain an authorized user of the Site and your use of the
Site constitutes your agreement to abide by those provisions. You are solely responsible
for your use of the Site and for ensuring that your
use complies fully with the provisions of this Agreement.
1.3 The HKRWG reserves the right, in its sole discretion, to change any or all of the provisions
of this Agreement at any time. The HKRWG will notify
users of any changes by posting them on the Site or through other reasonable means of providing
notice. Any changes to this Agreement will
be effective immediately upon notice to you. Your use of the Site after notice of changes to this
Agreement will be deemed your acceptance
of the changes.
1.4 The HKRWG reserves the right, in its sole discretion, to change, limit, or discontinue any aspect,
content, or feature of the Site, as well as any
aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on the Site
2.1 You will use the Site and any content, material, or information found on the Site solely for
lawful, non-commercial purposes. You shall
not upload to, distribute to, or otherwise disseminate through the Site any material or information
of any kind that is libelous, defamatory,
obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights
of any other person or entity, or contains a
solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through the Site, including,
for example, postings to chat areas and
forums, is solely your original work, or that you have all necessary rights to make the material or
information of any other person or entity
available on the Site. You will be solely responsible for the content of any material or information
that you make available through the Site.
You will also be liable for any damage resulting from making any material or information available
through the Site.
2.3 By making any material or information available through the Site, you automatically grant to the HKRWG
a worldwide, royalty-free, perpetual,
irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate,
distribute and sublicense any such
material or information (in whole or in part) and/or to incorporate it in other works regardless of form,
media, or technology. By making any
material or information available through the Site, you also grant to users other than yourself the right
and license to access, view, store, or
reproduce your material and information for that user's personal use.
2.4 The HKRWG has no obligation to, and does not and cannot, review every item of material or
information that you and users other than yourself
made available through the Site, and the HKRWG is not responsible for any content of this material or
information. However, the HKRWG reserves the
right to delete, move, or edit any material or information that it deems, in its sole discretion,
unacceptable, libelous, defamatory, obscene,
pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of
any other person or entity. Further,
the HKRWG reserves the right at all times to disclose any material or information as necessary to satisfy
any law, regulation, or governmental
request.
2.5 The HKRWG reserves the right to collect, use, and distribute demographic data about you and your use of
the Site in forms that do not identify
you individually or reveal your identity. Although the HKRWG reserves this right, there is currently no data
being gathered about you or your use of the Site except what you submit via e-mail or guestbook. In addition,
no data is currently being distributed outside of the HKRWG.
(See Privacy.)
3. Rights in Site Content and the Site
3.1 All content provided by the HKRWG on the Site is protected by copyright, trademark, and other applicable
intellectual property and proprietary
rights laws and is owned, controlled, and/or licensed by the HKRWG. The Site is protected by copyright, patent,
trademark, and other applicable
intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by the HKRWG.
www.CommunityAccessProgram.com, the HKRWG, the Hants/Kings Regional Working Group are trademarks and,
where indicated, registered trademarks of the Hants/Kings Regional Working Group.
All other trademarks appearing on the Site are the property of their respective owners.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the
content, in whole or in part, found on the Site. You will download copyrighted content solely for your
personal use, but will make no other use
of the content without the express written permission of the HKRWG and the copyright owner. You will not
make any changes to any content that
you are permitted to download under this Agreement, and in particular you will not delete or alter
any proprietary rights or attribution notices
in any content. You agree that you do not acquire any ownership rights in any downloaded content.
3.3 Certain content found on the Site may be subject to additional terms, conditions, and notices as
specified in Section 11 below.
4. Disclaimer of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THE HKRWG, NOR ANY OF ITS
AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF
ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY
MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON
THE SITE.
4.2 THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE HKRWG (OR ANY OF ITS
PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE
LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD
OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT THE HKRWG (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER,
INCLUDING YOU.
5. Indemnification
You agree to defend, indemnify and hold harmless the HKRWG (and any of its parents, subsidiaries,
affiliates, employees, agents, third party
content providers, or licensors, and their respective directors, officers, employees, and agents)
from and against all claims, liability, and
expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or
your breach of any provision of this
Agreement. The HKRWG reserves the right, in its sole discretion and at its own expense, to assume the
exclusive defense and control of any
matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required
in the defense of any claim.
6. Fees and Payments
The HKRWG reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Site,
or any portions of the Site. If
the HKRWG elects to charge fees, it will post notice on the Site of all provisions pertaining to fees and payments.
7. Notices between Us
You will contact us by sending electronic mail to info@communityaccessprogram.com or via the guestbook form.
We will contact you by sending
electronic mail to the address
you provide to us, or by posting a notice on the Site.
8. Termination
The HKRWG may terminate this Agreement and your use of the Site at any time. The HKRWG shall have the right
immediately to terminate your use of
the Site in the event of any conduct by you which the HKRWG, in its sole discretion, considers to be
unacceptable, or in the event of any breach
by you of this Agreement.
9. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively
by the laws of the Dominion of Canada and the Province of Nova Scotia,
without giving effect to their conflict of laws principles. You expressly consent to the exclusive
forum, jurisdiction, and venue of the Court of the Province of Nova Scotia and the Supreme Court of Canada
in any and all actions, disputes, or controversies relating to this Agreement.
10. General Terms
This Agreement and any posted rules on the Site established by the HKRWG constitute the entire agreement
of the parties with respect to the
subject matter hereof. No waiver by either the HKRWG or you of any breach or default under this Agreement
shall be deemed to be a waiver of
any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit
of the HKRWG and its successors,
trustees, and permitted assigns. The HKRWG may assign this Agreement, or any of its rights or obligations
under this Agreement, with or without
notice to you.
