Terms of use

Introduction

This policy outlines the Terms of Use as they apply to your dealings with the Pacific Horticulture College and Glendale Gardens and Woodland (hereinafter referred to as the "HCP" and/or "HCP.BC.CA") web site. This Web Site is provided to you under these "Terms of Use" and any amendments to them that may be posted by HCP.BC.CA (collectively referred to as this "Agreement"). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Web Site.

Modifications

HCP may make changes to the Agreement at any time in its sole discretion, and will post any such changes on the Web Site. Your continued use of the Web Site following the posting of changes constitutes your acceptance of any such changes.

Privacy

The information that we obtain through your use of the Web Site, whether through the registration process or otherwise, is subject to our Privacy Policy. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Web Site.

Electronic Communications

The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that communications that we provide to you electronically are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance With Laws

You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Copyright

You acknowledge the content available through the Web Site, unless otherwise noted, is protected by Canadian and other copyright laws. HCP holds the copyright in the collective work. HCP.BC.CA and its associates, affiliates, third-party advertisers and other contributors hold the copyrights to their respective articles, advertisements and other content. You agree not to duplicate or redistribute any of the content available through the site without express permission from HCP or the respective copyright holder for other than personal and non-commercial use. Any rights not expressly granted herein are reserved. If you believe any content on HCP.BC.CA infringes or otherwise violates any copyright, trademark, or other intellectual property right, please email webmaster[at]hcp.bc.ca for resolution.

Third Parties

This Web Site provides links to other web sites for your convenience. HCP does not endorse, nor is it responsible for the content, services or products provided on such third-party web sites. You agree HCP.BC.CA will not be held liable for any problems, loss or damange incurred as a result of your use of such third-party web sites or any transactions or other dealings you may have with such-third parties.

Linking to HCP.BC.CA

Unless otherwise indicated, you are granted a limited, revocable, and nonexclusive right to create a hyperlink to HCP.BC.CA so long as the link does not portray HCP, its affiliates, or their items or services in a false, misleading, or offensive manner.

     You may not link to HCP.BC.CA if your site:

• promotes sexually explicit materials;
• promotes violence;
• promotes discrimination based on gender, religion, race, nationality, disability, sexual orientation, or age;
• promotes illegal activities;
• infringes or otherwise violates any copyright, trademark, or other intellectual property rights; or
• is otherwise determined objectionable, offensive, obscene, threatening or harmful by HCP, at its sole discretion.

If you have seen a hyperlink to HCP.BC.CA placed on a web site which you believe is in violation of this policy, please email webmaster[at]hcp.bc.ca. If you create a hyperlink to HCP.BC.CA, we request (but do not require) that you inform us by emailing webmaster[at]hcp.bc.ca.

Information Disclaimer

THE CONTENTS OF THE WEB SITE ARE INTENDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER HCP.BC.CA NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, FINANCIAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. HCP AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE HCP.BC.CA STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, HCP.BC.CA AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

Disclaimer of Warranties

INFORMATION ACCESSED THROUGH THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. HCP.BC.CA MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, COMPLETENESS OR AVAILABILITY OF THE INFORMATION. WE DO NOT WARRANT AGAINST HUMAN OR MECHANICAL ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES OF DATA.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HCP BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HCP.BC.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Idemnification

You agree to indemnify and hold harmless HCP, its directors, officers, employees, agents and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

Trademark Notices

You may not use or display any trademarks or service marks owned by HCP/Glendale Gardens and Woodland without our prior written consent. You may not use or display any other trademarks or service marks displayed on this site without the permission of their owners.

Modification or Suspension of the Web Site

You agree that HCP.BC.CA may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that HCP.BC.CA will not be liable for the consequences of doing so.

Termination of Use

You agree that HCP may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that HCP, in its sole discretion, deems appropriate. You further agree that HCP will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Copyright, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Limitations of Actions Brought Against HCP.BC.CA

You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Applicable Law

The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of British Columbia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between HCP and you related to the Agreement shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the City of Victoria in British Columbia, Canada, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Contact Information

If you have any questions or concerns with respect to the Agreement or the Web Site you may contact a representative of HCP by e-mail at webmaster[at]hcp.bc.ca.

Last updated 31/10/2008