TERMS OF USE
Welcome to the British Columbia Snowmobile Federation (the “BCSF”) website (the “Website”).
BEFORE YOU CAN USE THE WEBSITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of this Website, and access to any of the British Columbia Snowmobile Clubs’ (the “BCSF Clubs”) websites (the Website and the BCSF Club websites collectively the “Site”), is expressly conditioned on your acceptance without modification of the following Terms of Use. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.
THE BCSF reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Website, and is not required to be posted on each BCSF Club website. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the BCSF or any BCSF Club for other services. If you have any question regarding the use of the Site, please direct all questions or comments about the Site or its contents should office@bcsf.org.
1. INCORPORATED POLICIES OR TERMS
Privacy Policy. The BCSF believes strongly in protecting user privacy and providing you notice of the BCSF’s collection and use of data, including personal information, collected from the Site. Therefore, the BCSF has adopted a Privacy Policy that you should refer to fully understand how the BCSF uses and collects information. The terms and conditions of such Privacy Policy are hereby incorporated into these Terms of Use.
2. MEMBERSHIP ACCOUNT OBLIGATIONS
2.1. After you have accepted these Terms of Use, you may open a membership account with any of the BCSF Clubs under the Join Now section of the Website (the “Membership Account”).
2.2. As part of the membership registration, the person who opens the Membership Account will need to provide the relevant BCSF Club your name, e-mail address, home address, date of birth, a password, and accept the Membership Terms and Conditions. In consideration of your use of the Site, you agree:
to provide true, accurate, current and complete information about yourself and/or any family member you are registering as part of your Membership Account;
that you are responsible for all costs and charges associated with the Membership Account;
that you are fully responsible for all activities that occur under your password or Membership Account, and accept all liability for any acts or omissions of your family members arising out of their use of the Site, even if such acts or omissions are not specifically authorised by you;
to immediately notify us of any unauthorized use of your password or Membership Account or any other breach of security; and
that you are fully responsible for managing your Membership Account, including but not limited to:
maintaining the confidentiality of passwords and/or any Membership Account information; and
maintaining and promptly updating the Membership Account information to keep it true, accurate, current and complete;
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Membership Account and refuse any and all current and future use of the Site by you. Membership Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.
3. OWNERSHIP OF TECHNOLOGY
The BCSF has developed an interactive mapping page as a public service, to allow users to find information about trail status and services close to the trails (the “Trail Maps”). You acknowledge that the BCSF owns all right, title and interest in and to the Trail Maps. All content included on the Website is the property of the BCSF, and/or its various third party providers and distributors and is protected under the intellectual property laws of Canada and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the BCSF and/or its third party providers and distributors.
4. USE OF SITE
The BCSF and the BCSF Clubs grant you a limited license to use this Site, to view the Trail Maps, to join a BCSF Club, learn about upcoming events, news, resources and articles all relevant to snowmobiling. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) making derivative uses of the Site and its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the BCSF, any BCSF Clubs, or any third party.
All content included on this Site is the property of BCSF, BCSF Clubs and/or our various third party providers and distributors and is protected under the intellectual property laws of Canada and other jurisdictions. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the BCSF or any relevant BCSF Club, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of the BCSF, the relevant BCSF Club, or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any BCSF or BCSF Club trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the BCSF or the relevant BCSF Club’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a BCSF or a BCSF Club name, trademark, or product name without the BCSF or the relevant BCSF Club’s express written consent.
5. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your Membership Account.
6. TERMINATION
You agree that the BCSF or any BCSF Club, in their sole discretion, may terminate your Membership Account, password, or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if the BCSF or any one of the BCSF Clubs believe that you or anyone using your Membership Account has violated or acted inconsistently with the Terms of Use or applicable laws or regulations. The BCSF or any BCSF Club may also, in their sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that the BCSF or any BCSF Club may immediately deactivate or delete your Membership Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the BCSF and BCSF Clubs shall not be liable to you or any third party for any termination or restriction of access to the Site.
7. RISKS
You hereby acknowledge that the risks of snowmobiling include but are not limited to: Injuries: possibility of permanent disability, death and injury; Natural hazards: changes in surfaces, ice, bare spots, rocks, stumps, debris, etc.; Man-made hazards: fences, posts, snow making/grooming equipment, train tracks, roads, snowmobiles, logging trucks, persons, etc.; Extreme, unpredictable weather; Ice, potentially over water bodies; Equipment malfunction; Negligence: the BCSF and the BCSF Clubs’ negligence and/or negligence of others, including employees, agents, and independent contractors, which includes failure to take steps to prevent risks and hazards; Animals (wild or domestic); Accidents or illness in remote places without medical facilities; Lack of cellular and emergency services; Avalanches; Rockslides; Poor visibility; Visibility changes. *This description is non-exhaustive and unknown or unanticipated risks may result in injury, illness, or death.
8. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY THE BCSF AND THE BCSF CLUBS TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE.
THE BCSF AND EACH BCSF CLUB MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS OPERATION, CONTENTS, INFORMATION, OR MATERIALS.
THE BCSF AND EACH BCSF CLUB DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BCSF AND BCSF CLUBS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES THAT THE SITE, LINKS WITHIN THE SITE, DO NOT CONTAIN ANY COMPUTER VIRUSES, MALWARE, OR OTHER SOFTWARE THAT MAY DAMAGE A COMPUTER, ELECTRONIC DEVICE OR DATA ON A COMPUTER, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (V) WARRANTIES RELATING TO TRAIL STATUS, SERVICES, TRAIL NETWORK, AND CLOSURES INDICATED ON THE TRAIL MAPS, AND (VI) WARRANTIES RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE BCSF AND BCSF CLUBS OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON;
9. LIMITATION OF LIABILITY
YOU AGREE TO RELEASE AND DISCHARGE AND KEEP THE BCSF AND THE BCSF CLUBS, THEIR RESPECTIVE HEIRS, AGENTS, SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL LIABILITY, LOSS, INJURY, DISABILITY, DEATH OR DAMAGE OF AND FROM ANY AND ALL CAUSES OF ACTION, VIOLATION FINES/TICKETS, PENALTIES, SUITS, DEBTS, DAMAGES, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION COSTS, COSTS, CLAIMS AND DEMANDS OF ANY KIND WHATSOEVER (INCLUDING: INDEMNITY CLAIMS, COSTS ON A SOLICITOR/ CLIENT BASIS, NEGLIGENCE) AGAINST THE BCSF AND/OR THE BCSF CLUBS (THE “RELEASEES” HEREIN), WHICH YOU HAVE, OR WHICH YOU HEREAFTER MAY HAVE, FOR, OR BY REASON OF, OR ARISING OUT OF ANY ACCIDENT, LOSS, INJURY, DISABILITY, DEATH OR DAMAGE OCCURRING BY YOUR RELIANCE ON THE SITE.
THE LIMITATIONS OF LIABILITY APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE RELEASEES OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
10. INDEMNIFICATION
You shall indemnify, defend and hold harmless the BCSF, each BCSF Club, and their officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited any violation by you of the Terms of Use. The BCSF and the BCSF Clubs reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.
11. LINKS
This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the BCSF or the BCSF Clubs of the linked web site or information contained therein. The BCSF nor the BCSF Clubs shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. When leaving the Site, you should be aware that these Terms of Use no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
12. RELATIONSHIP
The relationship between the BCSF, the BCSF Clubs and you is not construed to be that of partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or use of the Site.
13. GOVERNING LAW
These Terms of Use and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and these Terms of Use.
14. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
15. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. HEADINGS
The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
17. ENTIRE AGREEMENT
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
18. Other
These Terms of Use will be effective and binding upon your heirs, next of kin, executors, administrators and representatives in the event of your death or incapacity.