2. Acceptable Uses, Restrictions, And Prohibited Uses
You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
- post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
- threaten bodily harm, destruction of property or otherwise engage in harassment;
- transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another’s privacy, or infringes another’s rights;
- transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Website for any purpose;
- use the output of the Website for any purpose other than as permitted under this agreement;
- delete or revise any portion of our Website;
- distribute, sell, lease, transfer, assign, trade, rent, publish or license the Website as a stand-alone service to others;
- aggregate, scrape, harvest or duplicate any portion of our Website, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
- corrupt, falsify or distort any User Content or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
- copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
Ashford House may, without prior notice to you and in its sole discretion, remove any material from its website that violates the terms of this Agreement, or any material that Ashford House otherwise considers inappropriate for display on its website. If after notice of posting inappropriate or non-permitted material, you repeat such actions, Ashford House may terminate your access to the website without notice to you. In the event of such action, you are not entitled to a refund for any fee, or any other form of compensation.
While Ashford House implements industry-standard security protocols, the use of the Website and the use of emails or other electronic messages are subject to security risks. You accept those risks by using the Website and components of the Website like our service portals.
All content including, without limitation all Marks, text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of the Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to Ashford House. All such rights are expressly reserved.
Any Marks on the Website may be trademarks or trade names or registered trademarks or trade names of Ashford House or its affiliates, in Canada and other countries. Marks shall not be used in connection with any product or service that is not or its affiliates’ in any manner. All other trademarks and trade names not owned by Ashford House or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ashford House or its affiliates.
The Website may contain links to third party websites. These links have been provided solely as a convenience for and do not constitute an endorsement by Ashford House of the content of such third party sites. Links to the Website may also be provided from sites either known or unknown to Ashford House. Access to any other website linked to or from the Website is at your own risk. Ashford House has not reviewed and is not responsible for the content of any third party sites linked to or from the Website and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites.
6. Disclaimer Of Warranties & Limitation Of Liability
THE WEBSITE IS PROVIDED BY Ashford House ON AN “AS IS” AND “AS AVAILABLE” BASIS. Ashford House MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ashford House DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ashford House DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE Ashford House OR THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Ashford House WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You consent to receiving communications from us electronically. We will communicate with you by email or by posting a notice on the Website. Any such notice shall be deemed to have been received by you on the business day following the day of sending the email or posting notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Any notice required to be given to Ashford House under this Agreement shall be given at the address below or at such other existing municipal address as Ashford House may provide to you in writing or by sending such notice by means of facsimile or e-mail:
12026 107 Ave NW Edmonton, AB T5H 0Z2
Any such notice shall be deemed to have been received by Ashford House immediately upon delivery at its address set out above, five business days after mailing such notice or on the business day following the day of sending a facsimile or e-mail message. Receipt of any facsimile messages shall be confirmed by telephone by the forwarding party.
8. Governing Law & Jurisdiction
By accessing and using the Website, you agree that the laws of Alberta, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and Ashford House or its affiliates.
Any failure by us 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. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions.
The parties have required that this Agreement and all documents relating thereto be drawn up in English.
Revised February 2023.