Terms of Service

TERMS OF SERVICE

Effective March 10, 2018

MTRA CANYON TRESTLE RESTORATION SOCIETY (“MCTRS”)

This Terms of Service (the “Terms”) document outline rights and responsibilities regarding your access to and use of the website www.myratrestles.com (the “Website”) exclusively owned by MCTRS. By accessing or using this Website you are accepting these Terms and agreeing to be bound by these Terms.

The term “Content” refers to any information, emails, data, metadata, text, graphics, photos, recordings or other materials uploaded, downloaded or appearing on the Website.

  1. Terms of Use

As a user, you are responsible for your use of the Website, for any Content you post to the Website, and for any consequences that may arise from your use.

You may use the Website only if you can form a binding contract with MCTRS and are not a person barred from receiving services under the laws of the Canada or other applicable jurisdictions. If you are accepting these Terms and using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

You may use the Website only in compliance with these Terms and all applicable local, Provincial, National, and International laws, rules and regulations.

The Website that MCTRS provides are always evolving and the form and nature of the Website that MCTRS provides may change from time to time without prior notice to you. In addition, MCTRS may stop (permanently or temporarily) providing the Website (or any features within the Website) to you and may not be able to provide you with prior notice.

  1. Privacy Policy

OurPrivacy Policy, which forms part of this agreement, governs our collection and use of your information. You can read our Privacy Policy at www.myratrestles.com. By using our Website, you consent to the collection and use (as outlined in the Privacy Policy) of this information by MCTRS, including the transfer of this information to other countries for storage, processing and use.

  1. Ownership of Content

You own and are solely responsible for all Content submitted, posted, stored and used with the Website. MCTRS does not monitor or control the Content posted via the Website and does not accept any responsibility for such Content. Any use or reliance on any Content or materials posted via the Website or obtained by you through the Website is at your own risk.

Under no circumstances will MCTRS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.

We may adapt your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

  1. Services Rights

MCTRS retain all right, title, and interest in and to the Website. The Website is protected by copyright, trademark, and other laws of Canada and foreign countries.

You do not have the right to use the MCTRS name either in full form or in abbreaviation or any of the MCTRS trademarks, logos, domain names, and other distinctive brand features unless specifically authorized to do so in writing.

Any feedback, comments, or suggestions you may provide regarding MCTRS, or the Website is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

  1. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Website. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MCTRS, its users and the public.

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, MCTRS‘s computer systems, or the technical delivery systems of MCTRS’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MCTRS (and only pursuant to those terms and conditions); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail- bombing the Website, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website.

  1. Copyright Policy

MCTRS respects the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

  1. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of MCTRS, its officers and directors (collectively, the “MCTRS Entities”).

A. The Services are Available “AS – IS”

Your access to and use of the Website or any Content are at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, MCTRS entities DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The MCTRS Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website; and (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the MCTRS Entities or through the Website, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Website Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the MCTRS Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCTRS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

  1. Dispute Resolution

If a dispute arises between MCTRS and you, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before resorting to litigation, we encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures such as mediation or arbitration, as alternatives to litigation.

  1. General Terms

A. Waiver and Severability

The failure of MCTRS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Province of British Columbia, Canada without regard to or application of its conflict of law provisions or your Province, State or Country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You and MCTRS specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

C. Entire Agreement

These Termsand our Privacy Policy are the entire agreement between MCTRS and you regarding the Website, and these Terms supersede and replace any prior agreements between MCTRS and you regarding the Website. No other person or company will be third party beneficiaries to the Terms.

  1. Your Consent to these Terms of Service and Future Changes to It

By using this Website, you agree to this Terms of Service. We may revise this Terms of Service from time to time. The most current version of the policy will govern our use of your information and will always be atwww.myratrestles.com.  By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Service.

  1. Contact Us

If you have questions about this privacy policy, you should contact us immediately

Via email at: mctrs@myratrestles.com

Via mail at:

Myra Canyon Trestle Restoration Society

Capri PO Box 22095

Kelowna, BC Canada V1Y9N9