TERMS OF USE AGREEMENT
The Grouse Mountain Hiking Community Website located at www.hiking.grousemountain.com
(the “Site”) is owned by Grouse Mountain
Resorts Ltd. ("Grouse Mountain") and operated through Radiant
Communications. These terms of use, conditions and
disclaimer (“Terms of Use”) govern the use
of this Website. The Site provides registered members of
the Grouse Mountain Hiking Community with access to content and
services not accessible to non-registered members.
Grouse Mountain may, at its discretion, modify these Terms of Use
without notice. By registering as a member of the
Grouse Mountain Hiking Community or by accessing and using this
Site, you agree to be bound by all applicable local, Provincial and
Federal laws and regulations and by these Terms of Use.
If you do not agree with any part of these Terms of Use, you must
immediately discontinue any use of this Site. By using
this Site, you are agreeing to be bound by these Terms of Use, as
may be amended from time to time.
FORUMS AND USER-DEFINED CONTENT
As part of the Grouse Mountain Hiking Community, Grouse Mountain is
providing the Grouse Mountain Hiking Community Forum/Message
Board. Forums are a great way for people
with similar interests to interact with each other, posting
immediate messages to one another about topics of interest to
them. However, Grouse Mountain does not review material
submitted to the Forum/Message Board before it is published and is
not responsible for such material. Please note that you
may find offensive material and material not suited for you or your
age. Should you find any Forum/Message Board post
offensive, please click the "Report
Post" ("!" icon) link to alert the Site
administrator.
RESTRICTIONS ON USE
To access this Site you must be 19 years old or older (or at least
13 years old with parental permission to register and maintain an
active account within the Grouse Mountain Hiking
Community.) Anyone who does not meet such age
restrictions will be denied access to this Site and the Grouse
Mountain Hiking Community.
NO PERSON IS PERMITTED TO POST OR DISPLAY ANY MATERIAL OR
CONTENT ON THE FORUM/MESSAGE BOARD, PERSONAL PROFILES,
SIGNATURES OR SUMMIT SEEKER LOG COMMENTS THAT COULD BE REASONABLY
CONSIDERED TO BE OFFENSIVE, THREATENING, FOUL, VULGAR, OR RACIALLY
OR ETHNICALLY OBJECTIONABLE. ALL PERSONS POSTING MATERIAL OR
CONTENT ON THE FORUM/MESSAGE BOARD SHALL COMPLY AT ALL TIMES WITH
THE GROUSE MOUNTAIN HIKING COMMUNITY GROUND
RULES. If Grouse Mountain becomes aware of the presence of such
material on the Site, the member responsible for the offending
material will be contacted and placed on notice of violation and
the offending material will be deleted. Grouse Mountain
reserves the right, in its sole discretion, to remove any material
or content posted to the Forum/Message Board or on any part of this
Site or to terminate any individual’s membership from
the Site for violation of any of these Terms of Use or the
Community Ground Rules.
The Site does not permit advertising or promotion within its
forum. Anyone found to be posting for advertising
purposes, posting excessive links to their website, or outwardly
promoting external products and services not related to Grouse
Mountain and its sponsors and partners may be denied access to this
Site and the Grouse Mountain Hiking Community.
PROHIBITED USES
Without limiting the foregoing, you may not, nor may you allow
others to, directly or indirectly:
a. remove from any content on this Site, the
copyright or other proprietary notices contained in the content on
this Site; sell, modify or attempt to modify the content of this
Site in any way or reproduce or publicly display, perform, or
distribute or otherwise use any content on this Site for any
public, commercial, or non-educational or non-personal purpose; or
transfer any of the content on this Site to any other person
without the prior written consent of Grouse Mountain;
b. print or copy any of the HTML or other computer
software that may be accessible at this Site;
c. use our Site in any manner that could damage,
disable, overburden, impair, interfere with the security of,
negatively affect the functioning of, or otherwise abuse, our Site
or any services, system resources, accounts, servers, networks,
affiliated or linked website, connected to or accessible through
our Site (including without limitation uploading, posting or
otherwise transmitting on our Site computer viruses, Trojan horses,
worms or other files or computer programs which are potentially
harmful, disruptive or destructive or that may impose an
unreasonable or disproportionately large load on our
Site’s infrastructure; or using any robot, spider or
other automatic program or device, or manual process to monitor,
copy, summarize, or otherwise extract information from our Site or
the content on our Site in whole or in part);
d. use or attempt to use another's account, password,
or other information in connection with our Site without prior
written authorization from Grouse Mountain; create or use a false
identity on our Site, or impersonate any person or entity or
otherwise misrepresent your affiliation with any person or entity;
or attempt to obtain unauthorized access to our Site; or send to
our Site or Grouse Mountain any incomplete, false or inaccurate
information; or
e. disrupt or interfere with any other person's use
or enjoyment of our Site or affiliated or linked website, or any
services thereof; or delete or revise any of the content posted on
our Site.
COPYRIGHT / RESERVED RIGHTS
Copyright © 2005 Grouse Mountain Resorts
Ltd. All rights reserved. All content on
this Site, including images, graphics, text and any other material,
is protected by copyrights owned or controlled by Grouse Mountain,
its partners or suppliers. None of the information
found on this Site may be downloaded, copied, reproduced,
displayed, transmitted or distributed in any manner other than for
personal and non-commercial use without prior written consent from
Grouse Mountain or the rightful owner of the material.
All logos, trademarks, word marks and company names on the Site are
the property of Grouse Mountain or its partners and
suppliers. No unauthorized use of these trademarks is
permitted.
Any content published to this Site or to the Forum/Message Board by
you becomes the property of Grouse Mountain; by posting you
acknowledge that Grouse Mountain has the unfettered right to edit,
remove, copy, distribute, create derivative works from and publish
such content in any form or media, either alone or as part of a
collective work. You agree that any material you post
is either original material, owned by you, or you have received
permission from the copyright owner to post the
material. You will be held responsible for any breach
of copyright law. Grouse Mountain will remove from the
Forum/Message Board or any part of this Site any content found to
violate any intellectual property right of any party.
NO MEDICAL ADVICE
All content found within this Site is for informational and
discussion purposes only. Any and all health and
medical advice and information that may be displayed or posted on
the Forum/Message Board or on any part of this Site is intended for
general discussion purposes only. It is in no way
intended to serve as actual individual medical advice.
The information on this Site is general in nature and is not
specific to you. It is possible that advice you receive
may be inaccurate, incomplete or otherwise flawed. No
information is endorsed or verified by Grouse Mountain or any
health professionals. BEFORE YOU BEGIN ANY EXERCISE
PROGRAM YOU SHOULD CONSULT WITH YOUR DOCTOR.
TERMINATION
Grouse Mountain may terminate your use of this Site or your
membership in the Grouse Mountain Hiking Community if you have
violated any local, provincial or federal law, these Terms of Use
or our Community Ground Rules.
Grouse Mountain may, at any time and for any reason, make
amendments to these Terms of Use or the Site’s
Community Ground Rules or Privacy Policy. You are responsible
for periodically reviewing these documents, maintaining a
familiarity with their contents and abiding by any regulations
therein.
LIABILITY AND WARRANTY
YOU AGREE THAT GROUSE MOUNTAIN, ITS EMPLOYEES, DIRECTORS, AGENTS
AND ANY OTHER PARTY OR PARTIES WHO HELPED TO CREATE, PRODUCE,
DELIVER OR MAINTAIN THIS SITE (COLLECTIVELY THE “SITE
PROVIDERS”) SHALL NOT BE LIABLE FOR ANY DAMAGES,
CLAIMS, LIABILITIES, COSTS OR OBLIGATIONS THAT MAY RESULT FROM YOUR
ACCESS TO OR USE OF THIS SITE, WHETHER BASED ON CONTRACT,
NEGLIGENCE, LIBEL, SLANDER OR OTHER LEGAL BASIS, INCLUDING WITHOUT
LIMITATION ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS’ FEES.
Grouse Mountain does not make any, and expressly disclaims all,
representations, warranties, covenants, and conditions, express or
implied, by operation of law or otherwise, including without
limitation any implied warranties and conditions of
merchantability, merchantable quality, or fitness for a particular
purpose, or non-infringement, or any implied representations or
warranties arising out of course of performance, course of dealing
or usage of trade, regarding the Grouse Mountain Hiking Community
or this Website. This Website is provided “as
is” without warranty or condition of any kind. Your use
of this Site is at your sole risk.
You agree to indemnify and hold Site Providers harmless from all
liabilities, claims costs and expenses, including
attorneys’ fees, that arise from any breach of these
Terms of Use for which you are responsible.
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