You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Tourism Medicine Hat Website and for paying all charges related thereto. When you register to open an account anywhere on the Tourism Medicine Hat Website, or when you contact Tourism Medicine Hat through the Tourism Medicine Hat Website for the purpose of receiving products or services, Tourism Medicine Hat may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Tourism Medicine Hat Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Tourism Medicine Hat Website password and you are solely responsible for all activities that occur under your password. You agree to notify Tourism Medicine Hat immediately of any unauthorized use of your password or any other breach of security related to the Tourism Medicine Hat Website. Tourism Medicine Hat reserves the right to require you to change your password if Tourism Medicine Hat believes that your password no longer is secure.
You agree not to use the Tourism Medicine Hat Website (including, without limitation, any Materials or Services you may obtain through your use of the Tourism Medicine Hat Website): (a) in a manner that violates any local, provincial, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Tourism Medicine Hat Website or servers or networks connected to the Tourism Medicine Hat Website. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Tourism Medicine Hat Website; or attempt to gain unauthorized access to any portion of the Tourism Medicine Hat Website or any other accounts, computer systems, or networks connected to the Tourism Medicine Hat Website, through any means.
Except as set forth in “Other agreements; software, services or access”, below, Tourism Medicine Hat may terminate, suspend, or modify your registration with, or access to, all or part of the Tourism Medicine Hat Website, without notice, at any time and for any reason. If you breach any Term(s), your authorization to use the Tourism Medicine Hat Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies).
THE Tourism Medicine Hat WEBSITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Tourism Medicine Hat Website IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT Tourism Medicine Hat, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. Tourism Medicine Hat EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE Tourism Medicine Hat Website (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). Tourism Medicine Hat MAKES NO WARRANTY THAT THE Tourism Medicine Hat Website WILL MEET YOUR REQUIREMENTS OR THAT THE Tourism Medicine Hat Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE Tourism Medicine Hat Website WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE Tourism Medicine Hat Website OR FROM Tourism Medicine Hat, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY. Tourism Medicine Hat DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE Tourism Medicine Hat PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE Tourism Medicine Hat Website (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Tourism Medicine Hat Website), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY Tourism Medicine Hat PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. In these instances you are unauthorized to use the Tourism Medicine Hat Website and MUST LEAVE IMMEDIATELY.
Other agreements; software, services or access
REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY TOURISM MEDICINE HAT.
Modifications to Tourism Medicine Hat Website
Tourism Medicine Hat reserves the right to modify, suspend, or discontinue the Tourism Medicine Hat Website at any time without notice to you. For example, Tourism Medicine Hat may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Tourism Medicine Hat makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your area.
Certain areas of the Tourism Medicine Hat Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Tourism Medicine Hat an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Tourism Medicine Hat deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Tourism Medicine Hat reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Tourism Medicine Hat may, but is not obligated to, pre-screen User Submissions or monitor any area of the Tourism Medicine Hat Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Tourism Medicine Hat is not required to host, display, or distribute any User Submissions on or through the Tourism Medicine Hat Website and may remove at any time or refuse any User Submissions for any reason. Tourism Medicine Hat is not responsible for any loss, theft, or damage of any kind to any User Submissions. Tourism Medicine Hat does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Tourism Medicine Hat will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Tourism Medicine Hat does not guarantee that you will have any recourse through Tourism Medicine Hat or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
you are at least 13 years old;
you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Tourism Medicine Hat the rights in your User Submissions(s);
you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Tourism Medicine Hat described herein;
your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
your User Submission does not violate any Law;
your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party Website
Links on the Tourism Medicine Hat Website to third-party Website are provided solely as a convenience to you. If you use these links, you will leave the Tourism Medicine Hat Website. Tourism Medicine Hat is not obligated to review such third-party Website, does not control such third-party Website, and is not responsible for any such third-party Website (or the products, services, or content available through the same). Thus, Tourism Medicine Hat does not endorse or make any representations about such third-party Website, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party Website linked to from the Tourism Medicine Hat Network, you do this entirely at your own risk.
Linking to this Site
Absent Tourism Medicine Hat’s written authorization otherwise, a website that links to this Site: may link to, but shall not replicate, any Materials (including any Tourism Medicine Hat logo); shall not create a browser or border environment around any Materials; shall not imply that Tourism Medicine Hat endorses such website or any products, services, or content available through such website; shall not misrepresent its relationship with Tourism Medicine Hat; shall not present false or misleading information about Tourism Medicine Hat, its products, or its services; shall not contain content that could be construed as distasteful, offensive, or controversial; and shall contain only content that is appropriate for all age groups.
Tourism Medicine Hat, and any other product or service or logo contained in the Tourism Medicine Hat Website are trademarks of Tourism Medicine Hat and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tourism Medicine Hat. Ownership of all such trademarks and the goodwill associated therewith remains with Tourism Medicine Hat or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Tourism Medicine Hat without Tourism Medicine Hat’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Tourism Medicine Hat and may not be copied, imitated, or used (in whole or in part) without Tourism Medicine Hat’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Tourism Medicine Hat.
Procedure for making claims of infringement
Tourism Medicine Hat respects the intellectual property rights of others. Accordingly, Tourism Medicine Hat has a policy of removing User Submissions that violate copyright law, suspending access to the Tourism Medicine Hat Website (or any portion thereof) to any user who uses the Tourism Medicine Hat Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Tourism Medicine Hat Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Tourism Medicine Hat Website, please provide written notice to Tourism Medicine Hat for notice of claims of infringement:
Tourism Medicine Hat
330 Gehring Road SW
Medicine Hat, Alberta Canada, T1B 4W1
Email: Please See the Contact Us Page
Your written notice must:
contain your physical or electronic signature;
identify the copyrighted work or other intellectual property alleged to have been infringed;
identify the allegedly infringing material in a sufficiently precise manner to allow Tourism Medicine Hat to locate that material;
contain adequate information by which Tourism Medicine Hat can contact you (including postal address, telephone number, and e-mail address);
contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
contain a statement that the information in the written notice is accurate; and
contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
You agree to indemnify, defend, and hold harmless the Tourism Medicine Hat Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Tourism Medicine Hat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Tourism Medicine Hat’s defense of such claim.
These Terms, together with any additional terms to which you agree when using particular elements of the Tourism Medicine Hat Website, constitute the entire and exclusive and final statement of the agreement between you and Tourism Medicine Hat with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Tourism Medicine Hat with respect to such subject matter. The Tourism Medicine Hat Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. The failure of Tourism Medicine Hat to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Tourism Medicine Hat and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Tourism Medicine Hat Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Tourism Medicine Hat. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tourism Medicine Hat without restriction.
Modifications to these Terms
Tourism Medicine Hat may, in its sole and absolute discretion, change these Terms from time to time. Tourism Medicine Hat will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Tourism Medicine Hat Website. Continued use of the Tourism Medicine Hat Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Tourism Medicine Hat Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.