Terms and Conditions
 
By accessing the Heritage Port Stanley web site (the "Site") you agree to be bound by the terms and conditions set out below.   "We", "us" and "our" means the members of Heritage Port Stanley and any affiliated organizations.
 
1.   No Warranty or Representation.   While we use reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with us, our suppliers or affiliates. Neither we, our alliance partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if we have been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.

2.   Use of Information.   You hereby agree that you will not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against us, our suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.

3.  Linkage.   This Site may contain links to other web sites that are not under our control, and we are not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site.  It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. We provide links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked site.  Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.

4.  Monitoring.   We are under no obligation to monitor the Site and assume no responsibility or liability should its content be modified or altered in any way without our consent.

5.  Revisions.   We may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.

6.  Descriptions.   We attempt to be as accurate as possible. However, we do not warrant that descriptions or other content of this Site are accurate, complete, reliable, current or error-free.

7.  User Information.   You acknowledge that you have read our Privacy Statement (as it may be updated from time to time) and hereby consent to the collection, use and disclosure by us and our agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Statement.

8.  Viruses, etc.   We assume 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 or images from the Site.

9.  Right of Indemnification.  You agree to defend, indemnify and hold us, our partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

10.  Waiver.   Failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

11.  Governing Laws. By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.