Your use of this site constitutes your acceptance of Nelson Kootenay Lake Tourism’s Terms and Conditions of Use:
1. General. Nelson Kootenay Lake Tourism has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed to access or use the site.
2. Use. You shall use the site for lawful purposes only. The site contains material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are the property of Nelson Kootenay Lake Tourism. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Nelson Kootenay Lake Tourism. In the event of any permitted copying, redistribution or publication of material, no changes in or deletion of author attribution or trademark legend shall be made. You acknowledge that you do not acquire any ownership rights by downloading material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
3. Unauthorized Use. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law. Without Nelson Kootenay Lake Tourism’s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Nelson Kootenay Lake Tourism’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission. The foregoing provisions of Sections 2-3 are for the benefit of Nelson Kootenay Lake Tourism., its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Disclaimer of Warrant. Every effort has been made to ensure the accuracy of information presented on nelsonkootenaylake.com, but the accuracy of this information cannot be guaranteed. It is advisable to check all information with the Service Provider before booking and/or taking your trip.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER NELSON KOOTENAY LAKE TOURISM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE 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 USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. NELSON KOOTENAY LAKE TOURISM WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE SITE OR AFFILIATED SITES, ERRORS IN THE DATA, AND DATA LOSS OR CORRUPTION, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COM-MUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NELSON KOOTENAY LAKE TOURISM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. Indemnification. You agree to defend, indemnify and hold harmless Nelson Kootenay Lake Tourism and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site and any information, services and/or goods provided via the site.
8. Viruses. Nelson Kootenay Lake Tourism assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site, or your downloading of any materials, data, text, images, video, or audio from the site.
9. Changed Terms. Nelson Kootenay Lake Tourism has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
10. Your Account. If you use the Nelsonkootenaylake.com site, you are responsible for maintaining the confidentiality of your account and password, as well as restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password.
11. Refund Policy. It is currently not possible to make purchases of goods or services through the Nelson Kootenay Lake Tourism website. Requests for refunds from suppliers of goods and services must be made directly with the supplier with whom the goods and services was contracted.
Effective: July 1, 2011
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