|
Advertisers are required
to read and agree to this Advertising Agreement before submitting an Advertisement
to CanmoreAlberta.com.
PARTIES:
Pursuant to this binding agreement CanmoreAlberta.com Ltd. (producer of www.canmorealberta.com)
of 606 Seventh Street, Canmore, Alberta, Canada T1W 2V8, and the Advertiser,
shall agree to the following terms and conditions for the Service provided
by CanmoreAlberta.com Ltd.
DEFINITIONS:
Service means
placing an Advertisement on any CanmoreAlberta.com Ltd. Web Server.
Advertisement means any graphic file and/or any
and all accompanying printed, hand written or electronically transferred information
supplied by the Advertiser to CanmoreAlberta.com Ltd. that can be viewed,
accessed or can be selected by any person as a Link from any CanmoreAlberta.com
Ltd. Web Server.
Link means a request for information from
a server other than the CanmoreAlberta.com Web servers.
Statistics means
a set of numbers compiled by CanmoreAlberta.com Ltd. and reported to the Advertiser
as a courtesy, for the purpose of assessing a value, and for estimating future
rates.
PAYMENT:
CanmoreAlberta.com Ltd. reserves the right to hold the Advertiser and its
authorized advertising agent jointly and separately liable for any and all
amounts owed as a result of the Advertiser entering into this agreement.
ACCURACY OF INFORMATION:
As further consideration
for the Service, you agree to:
(i) provide current, accurate
and complete information about you ("Account Information"), and
(ii) maintain and update this information as needed to keep it current, complete
and accurate.
You, by transacting for
this Service represent that your Account Information is accurate and complete.
TERM OF AGREEMENT:
You agree that this Agreement
will remain in full force during the period paid for by you. Under usual circumstances,
either party may cancel the service with thirty (30) days notice to the other
party.
MODIFICATIONS TO AGREEMENT:
You agree, during the period
of this Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the service provided under this Agreement. Any such
revision or change will be binding and effective immediately on notification
to you by e-mail or regular mail as per the Notices section of this agreement.
If you do not agree with
any revision to the Agreement, you may terminate this Agreement at any time
by providing us with notice by e-mail or regular mail as per the Notices section
of this agreement. Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use the Service following
notice of any revision to this Agreement or change in service, you shall abide
by any such revisions or changes.
RIGHT TO REFUSE UNACCEPTABLE
ADVERTISING:
CanmoreAlberta.com Ltd. reserves the right to refuse any Advertisement that
does not completely conform to every detail, instruction, method, and guideline
set in the Terms and Conditions which can be found on the CanmoreAlberta.com
Web Site. CanmoreAlberta.com Ltd. does not accept advertising from companies
that produce or provide pornographic products or services (which CanmoreAlberta.com
Ltd. shall have complete discretion to define), or their subsidiaries, or
foundations funded by such companies whose function is to improve acceptance
of such products by the public. CanmoreAlberta.com Ltd. can void this Agreement
immediately if the Advertiser fails to disclose (or conceals or misrepresents)
any involvement with pornographic products or services. In addition, CanmoreAlberta.com
Ltd. may in its complete discretion refuse the use of any other advertising
that it deems appropriate.
TRUTH IN ADVERTISING
/ INDEMNIFICATION FOR LIABILITY:
The Advertiser is solely responsible for any legal liability arising out of
or relating to (1) the Advertisement, and/or (2) any material to which users
can link through the Advertisement. The Advertiser represents and warrants
that the Advertisement and Link comply with CanmoreAlberta.com Ltd. advertising
standards; and that it holds the necessary rights to permit the use of the
Advertisement and Link by CanmoreAlberta.com for the purpose of this Agreement;
and that the use, reproduction, distribution, or transmission of the Advertisement
will not violate any criminal laws or any rights of any third parties, including,
but not limited to, such violations as infringement or misappropriation of
any copyright, patent, trademark, trade secret, music, image, or other proprietary
or property right, false advertising, unfair competition, defamation, invasion
of privacy or rights of celebrity, violation of any anti-discrimination law
or regulation, or any other right of any person or entity. The Advertiser
agrees to indemnify CanmoreAlberta.com Ltd. and to hold CanmoreAlberta.com
Ltd. harmless from any and all liability, loss, damages, claims, or causes
of action, including reasonable legal fees and expenses that may be incurred
by CanmoreAlberta.com Ltd., arising out of or related to the Advertiser's
breach of any of the foregoing representations and warranties. The Advertiser
agrees to request that CanmoreAlberta.com Ltd. be listed as an additional
insured on any policy issued to the Advertiser pursuant to which there could
be coverage for any of the forms of legal liability described in this paragraph.
STATISTICS:
CanmoreAlberta.com Ltd.
makes no guarantee that Statistics will be equal to any published or implied
numbers at any given time. CanmoreAlberta.com Ltd. Shall not be held liable
for any claims as they relate to said Statistics. CanmoreAlberta.com provides
advertisers with statistics only as a courtesy to the Advertiser.
LIMITATION ON DAMAGES:
IN NO EVENT WILL CANMOREALBERTA.COM
BE LIABLE TO THE ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, AND WHETHER OR NOT CANMOREALBERTA.COM LTD. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT:
The Advertiser may not assign
this agreement, in whole or in part, without CanmoreAlberta.com Ltd.' written
consent. Any attempt by the Advertiser to assign this Agreement without such
consent will be null and void.
SEVERABILITY:
You agree that the terms
of this Agreement are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain in full force
and effect
TRANSFERABILITY:
Should CanmoreAlberta.com
Ltd. be legally separately incorporated, acquired, taken over or merged with
another company, the new entity will be deemed to have taken over all responsibilities
of CanmoreAlberta.com Ltd. with regards to this contract, with the contract remaining in full force
and effect.
DISCLOSURE AND USE OF
INFORMATION:
For the purpose of this
Agreement, we do not generally need to disclose information to other parties.
However, you agree and acknowledge that we may make the information available
to other parties at our discretion, including, but not limited to law enforcement
agencies in Canada or elsewhere, as requested by them.
You hereby irrevocably waive
any and all claims and causes of action you may have arising from such disclosure
or use of your information by us.
We will take reasonable
precautions to protect the information we obtain from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of that information.
GOVERNING LAW:
This Agreement will be governed
by and construed in accordance with the laws of the Province of Alberta, Canada.
ABILITY TO ENTER INTO
AGREEMENT:
By signing this agreement,
Advertiser warrants that Advertiser is at least 18 years of age, and that
there is no legal reason that the Advertiser cannot enter into this binding
contract.
NOTICES:
Any notice, direction or
other communication given under this Agreement shall be in writing and given
by sending it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to be given when the sender has obtained
an electronic confirmation of delivery. Any e-mail communication shall be
deemed to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00 p.m.
MST, otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us shall be sent to:
CanmoreAlberta.com Ltd.
606 Seventh Street
Canmore, Alberta T1W 2V8
and in the case of notification
to you shall be to the address specified in our records as your "Account
Information".
ENTIRE AGREEMENT:
This Agreement and any and
all exhibits and attachments are the complete and exclusive agreement between
the parties with respect to the subject matter hereof, superseding and replacing
any and all prior agreements, communications, and understandings (both written
and oral) regarding such subject matter, provided that all pricing will be
governed by CanmoreAlberta.com Ltd.' Pricing Information, whether printed
on paper or electronically. The terms and conditions of this Agreement will
prevail over any contrary or inconsistent terms in any purchase order.
_____________________________
________________________________
CanmoreAlberta.com Ltd.
Advertiser
_______________________________
________________________________
Date
Date |
