MLR
Resort Ltd.
WEBSITE
TERMS AND CONDITIONS ("Terms of Use")
WELCOME
TO THE WEBSITE (the "Website")
OF MLR RESORT LTD. ("MLR").
IMPORTANT! BY ACCESSING AND USING
THE WEBSITE, FOR ANY REASON, YOU AGREE TO BE BOUND
BY THESE TERMS OF USE.
PLEASE READ CAREFULLY ALL OF THE
TERMS OF USE BEFORE PROCEEDING. THESE TERMS OF USE
MAY BE CHANGED AT ANY TIME AT MLR'S SOLE DISCRETION
AND WITHOUT NOTICE.
THESE TERMS OF USE WERE LAST UPDATED:
March 1, 2007
1. Proprietary Rights
All works, content and materials on this Website,
including without limitation, all information, text,
design, graphics, images, drawings, photographs,
code and software (the "Materials")
and all organization and presentation of the Materials
which form a part of this Website are the exclusive
property of MLR or its licensors and are protected
by intellectual property laws relating to copyrights,
trade-marks, trade names, Internet domain names,
trade dress and other proprietary rights. Nothing
on this Website shall be construed as providing,
by implication, estoppel or otherwise any license
to any proprietary or intellectual property rights
in or to any of the Materials to you or any other
party, except as expressly granted in these Terms
of Use.
2. Trade-marks and Copyright
The trade-marks, service marks, logos, slogans and
Internet domain names on the Website are the exclusive
property of MLR or its licensors. Use of any such
property, except as expressly authorized, shall
constitute a violation of the rights of the owner
of the property.
Copyright
Notice: Copyright 2007 MLR Resort Ltd., P.O.
Box 2440, Tisdale, Saskatchewan, Canada S0E 1T0.
All rights reserved.
3. Permitted Uses
MLR agrees to provide access to the Website to you
solely in accordance with the Terms of Use. In consideration
therefore, you shall:
(a)
not copy, reproduce, republish, upload, post, transmit,
or distribute the Materials from the Website in
any way whatsoever except that you have the right
to download one copy of the Materials on any single
computer, for your personal, non-commercial use
only, provided that you keep intact all copyright,
trade-mark and proprietary notices;
(b) use the Materials solely for lawful purposes;
(c) not create derivative works from, exploit or
modify the Materials in any way;
(d) only use this Website if you are legally able
to make binding contracts under applicable law;
and
(e) acknowledge that the unauthorized use of the
Materials may cause irreparable harm to MLR and
that in the event of an unauthorized use, MLR shall
be entitled to an injunction, in addition to any
other remedies available at law or in equity, to
prevent such irreparable harm and that the balance
of convenience in preventing such use rests with
MLR.
4. Links
MLR may provide links to Internet websites of third
parties. Because MLR has no control over such sites
and resources therein, you acknowledge and agree
that MLR is not responsible for the availability
of such external sites or resources, does not endorse
and is not responsible or liable for any content,
advertising, products, or other materials or information
on or available from any such sites or resources.
You further acknowledge and agree that MLR shall
not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any
such content, goods or services available on or
through any such site or resource.
5. Privacy
For an explanation of MLR's practices and policies
related to the collection, use and disclosure of
personal information, please read its Privacy
Policy.
6. Viruses
MLR assumes no responsibility and shall not be liable
to you or to any other party for any damages to
or any viruses that may infect your computer equipment
or other property on account of your access to,
use of or browsing in the Website or your downloading
of any the Materials from the Website.
7. Disclaimer
MLR does not guarantee the currency, accuracy or
reliability of any of the information contained
in this Website. You acknowledge and agree that
any reliance upon any of the information on this
Website, including without limitation the Materials,
shall be at your own risk and expense. MLR does
not guarantee that access to this Website will be
uninterrupted, accurate, or error-free or that the
Website or its server will be free of viruses or
other harmful components and MLR assumes no responsibility
and shall not be liable for any damages to your
computer equipment or other property on account
of your access to, use of or browsing on the Website
or your downloading of any of the Materials from
the Website.
THIS
WEBSITE AND ALL CONTENTS AND SOFTWARE ON THIS WEBSITE
OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES,
GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR QUALITY.
8. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF
THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY OF
THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL
MLR, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS,
OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY,
AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN
IF MLR, ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM,
WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING
NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THE WEBSITE. MLR'S
AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE
SHALL NOT EXCEED $5.00 CANADIAN CURRENCY.
9. Indemnity
You agree at all times to indemnify, defend and
hold harmless MLR and its affiliates, agents, licensors,
suppliers, and their respective directors and employees
against all actions, claims proceedings, costs,
demands, damages and liabilities whatsoever sustained,
incurred or paid by MLR directly or indirectly in
respect of:
(a)
any material, information or other content you provide
on or through the Website; or
(b) your, or any party that you are responsible
for or who accesses or uses the Website as a result
of you, use or misuse of the Materials or the Website,
including without limitation infringement claims.
10. General
(a) The Terms of Use contain the entire agreement
and understanding between MLR and you with respect
to the Website and supersede any and all written
and oral agreements previously existing between
MLR and you with respect to such subject matter.
(b) The Website is controlled by MLR from within
the Province of Saskatchewan, Canada. The Website
can be accessed from all provinces and territories
of Canada, as well as from other countries around
the world. As each of these jurisdictions has laws
that may differ from those of the Province of Saskatchewan,
by accessing the Website, you acknowledge and agree
that all matters relating to access to, or use of
the Website shall be governed by the laws of the
Province of Saskatchewan and the federal laws of
Canada applicable therein. You also agree and hereby
submit to the exclusive jurisdiction and venue of
the courts of the Province of Saskatchewan and acknowledge
that you do so voluntarily and are responsible for
complying with local laws excluding conflicts of
laws principles therein.
(c) MLR's failure to insist upon or enforce strict
performance of any provision of this Agreement shall
not be construed as a waiver of any provision or
right.
(d) Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent
jurisdiction, this shall not affect the validity
of any remaining portion and such remaining portion
shall remain in full force and effect as if the
invalid portion of the Terms of Use had been eliminated.
(e) The Terms of Use shall inure to the benefit
of and be binding on MLR and you, and MLR and your
permitted successors and assigns.
(f) The parties have requested that these Terms
of Use and all documents relating thereto be drawn
up in English. Les parties ont demandé que
cette convention ainsi que tous les documents qui
s'y rattachent soient rédigés en anglais.
(g) All rights not expressly granted herein are
reserved.
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