The Whistler Luxury Condos Company
(“Whistler Luxury Condos”) operates
this Site to provide online access to information
about Whistler Luxury Condos and the products, services
(the “Service”). By accessing and using
this Site, you agree to each of the terms and conditions
set forth herein (“Terms of Use”). Additional
terms and conditions applicable to specific areas
of this Site or to particular content or transactions
are also posted in particular areas of the website
and, together with these Terms of Use, govern your
use of those areas, content or transactions. These
Terms of Use, together with applicable additional
terms and conditions, are referred to as this “Agreement.”
Whistler Luxury Condos reserves
the right to modify this Agreement at any time without
giving you prior notice. Your use of the website
following any such modification constitutes your
agreement to follow and be bound by the Agreement
as modified.
1. Use of Site
You may use the Service, the Site, and the information
(the “Content”) solely for your purposes
and/or to learn about Whistler Luxury Condos products
and services. No right, title or interest in any
Content is transferred to you, whether as a result
of downloading such Content or otherwise. Whistler
Luxury Condos reserves complete title and full intellectual
property rights in all Content. Except as expressly
authorized by this Agreement, you may not use, alter,
copy, distribute, transmit, or derive another work
from any Content obtained from the Site or the Service,
except as expressly permitted by the Terms of Use.
2. Copyright Information
The Site and the Content are protected by copyright
laws, and belong to Whistler Luxury Condos. The
copyrights in the Content are owned by Whistler
Luxury Condos or other copyright owners who have
authorized their use on the Site.
3. Registered Trademarks
You are prohibited from using any of the logos appearing
throughout the Site without permission from the
trademark owner.
4. Links to Third-Party
Web Sites
Links on the Site to third party web sites or information
are provided solely as a convenience to you. If
you use these links, you will leave the Site. Such
links do not constitute or imply an endorsement,
sponsorship, or recommendation by Whistler Luxury
Condos of the third party, the third-party web site,
or the information contained therein. Whistler Luxury
Condos is not responsible for the actions of any
such web sites. Whistler Luxury Condos is not responsible
or liable for any such web site or the content thereon.
If you use the links to the web sites of Whistler
Luxury Condos affiliates or service providers, you
will leave the Site, and will be subject to the
terms of use and privacy policy applicable to those
external web sites.
5. Linking to this Site
If you would like to link to the Site, we encourage
you to do so. You may connect “deep links”
to the Site pages in their own browser frame if
you wish.
6. Downloading Files
Whistler Luxury Condos cannot and does not guarantee or warrant that
files available for downloading through the Site
will be free of infection by software viruses or
other harmful computer code, files or programs.
7. Software
Any software available for download via the Site
is the copyrighted work of Whistler Luxury Condos.
Use of such software is governed by the terms of
the end user license agreement that accompanies
or is included with the software. Downloading, installing,
and/or using any such software indicates your acceptance
of the terms of the end user license agreement.
8. Limitation of Liability
IN NO EVENT WILL Whistler Luxury Condos BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED
TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT
OF (I) THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR
THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER
MATTER RELATING TO THE SITE, THE SERVICE.
9. Indemnification
You understand and agree that you are personally
responsible for your behavior on the Site. You agree
to indemnify, defend and hold harmless Whistler
Luxury Condos against all claims, losses, expenses,
damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and
indirect damages), and reasonable attorneys’
fees, resulting from or arising out of your use,
misuse, or inability to use the Site, the Service,
or the Content, or any violation by you of this
Agreement.
10. Website Privacy Policy
See Whistler Luxury Condos's Privacy
Policy.
11. Customer Supplied Information
You agree that any material, information, or data
you transmit to us or post to the Site will be considered
non-confidential and non-proprietary.
12. General Website Provisions
a. Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement
of the parties with respect to the subject matter
hereof. No waiver by Whistler Luxury Condos of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default.
b. Enforcement/ Choice of Law/
Choice of Forum. If any part of this Agreement is
determined by a court of competent jurisdiction
to be invalid or unenforceable, it will not impact
any other provision of this Agreement, all of which
will remain in full force and effect. Any and all
disputes relating to this Agreement, Whistler Luxury
Condos’s Privacy Policy, your use of the Site,
any other Whistler Luxury Condos web site, the Service,
or the Content are governed by the laws of the province
of British Columbia in Canada.
If you would like
to make a suggestion regarding this policy or any
other area of the Whistler Luxury Condos web site,
please send us your comments.