Legal Notice
TERMS OF USE
The use of this web site is governed by the terms and conditions set
forth below (the "Terms of Use"). Please read them carefully.
By using this web site you agree to be bound by the Terms of Use. This
web site ("WESTCOASTSAIL.COM") is owned and operated by Carbonize
Hypermedia ("CARBONIZE"). CARBONIZE reserves the right, in
its sole discretion, to revise the Terms of Use at any time. By using
this site following the revision of the Terms of Use, you agree to be
bound by such revisions. If you find the Terms of Use to be unacceptable
to you, you must immediately terminate your use of this web site.
License
Except as expressly provided in this Section, nothing contained in this
web site shall be construed as conferring any license or right, expressly,
by implication, by estoppel or otherwise, under any of CARBONIZE's intellectual
property rights, or under any third party's intellectual property rights,
and no part of this web site may be reproduced, republished, copied,
transmitted, or distributed in any form or by any means.
You are hereby granted a nonexclusive, nontransferable, revocable,
limited license to view, reproduce, print, and distribute materials
retrieved from this web site provided that (a) such materials are used
only for informational, non-commercial and (b) you do not remove or
obscure the copyright notice or other notices displayed on such materials.
Any rights not expressly granted herein are reserved.
Interactive Areas
All information, data, text or other materials ("Content")
posted in WESTCOASTSAIL.COM's chat rooms, forums or bulletin boards
(collectively, "Interactive Areas"), are the sole responsibility
of the person from whom such Content originated. CARBONIZE does not
control the content posted in the Interactive Areas and, as such, does
not guarantee the accuracy, integrity or quality of such Content. Content
posted in the Interactive Areas is not confidential and CARBONIZE may
use or reproduce such Content as it sees fit. CARBONIZE cannot and will
not monitor all of the postings in the Interactive Areas, but does reserve
the right (but assumes no obligation) to delete, move or edit any postings
that come to its attention that is considered by it unacceptable or
inappropriate, whether for legal or other reasons. CARBONIZE HAS NO
LIABILITY OR RESPONSIBILITY TO WESTCOASTSAIL.COM USERS OR ANY OTHER
PERSON OR ENTITY FOR CONTENT POSTED ON ITS WEB SITE, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS, OMISSIONS OR MISREPRESENATION IN ANY CONTENT.
User agrees that it will not use the Interactive Areas to:
1. Violate any local, provincial, national or international laws;
2. Post material that infringes the intellectual property rights, including
without limitation, trademark, copyright, patent and trade secret rights,
of others;
3. Post material that infringes the privacy or publicity rights of others;
4. Post information that the user knows to be false or misleading;
5. Post material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, hateful, tortious, libelous, vulgar, invasive of
another's privacy, racially, ethnically or otherwise objectionable or
embarrassing to a third party;
6. Post chain letters, junk mail, pyramid schemes, spam or other forms
of advertisements or solicitations;
7. Collect or store personal data about others;
8. Impersonate another person, whether a third party or a WESTCOASTSAIL.COM
representative or moderator; or falsely state or otherwise misrepresent
user's affiliation with a person or entity;
9. Engage in any conduct that limits any other person from using or
enjoying the Interactive Areas;
10. Engage in any conduct that, in CARBONIZE's opinion, exposes CARBONIZE
or any of its affiliates, customers or suppliers to any liability or
detriment of any type;
11. Alter, delete, interfere with or otherwise damage any bWESTCOASTSAIL.COM
site content.
Confidentiality
Your confidential use of this site cannot be guaranteed by CARBONIZE.
CARBONIZE discourages you from sending any information that you consider
to be confidential or proprietary through this web site and CARBONIZE
is not responsible for any harm that you or any person may suffer as
a result of a breach of confidentiality with respect to your use of
this site. Please note that if you do send us any such information or
material, CARBONIZE will assume it is not confidential. By sending WESTCOASTSAIL.COM
information or material, you grant CARBONIZE an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute
those materials or information, and you also agree that CARBONIZE is
free to use any ideas, concepts, know-how or techniques that you send
us for any purpose.
No Representations or Warranties
This site may include inaccuracies, outdated information, defects, omissions
and/or other errors. CARBONIZE does not make any representations regarding
the use of this site's content including its accuracy, reliability or
correctness. CARBONIZE reserves the right to modify the information
displayed on this web site but it does not make any commitment to update
the information displayed on this web site.
TO THE EXTENT PERMITTED BY LAW, THE CONTENT PROVIDED ON THIS SITE INCLUDING
BUT NOT LIMITED TO INFORMATION, DATA, TEXT, DOCUMENTS AND GRAPHICS,
IS PROVIDED "AS IS". ALL EXPRESS AND/OR IMPLIED REPRESENTATIONS
AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS
(INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OF ANY KIND)
ARE EXPRESSLY EXCLUDED.
This web site provides links to other web sites that are completely
independent of this web site. CARBONIZE makes no representation or warranty
as to the content, ownership or legality of any such linked web sites.
In no event should any link to another web site be construed as an endorsement
by CARBONIZE of that web site, or of the products or services described
therein. CARBONIZE expressly disclaims any liability for third party
information or opinions posted on this web site or any linked web sites
that arises under criminal or civil laws relating to defamation, intellectual
property infringement, privacy, obscenity, or any other area of law.
Users of this web site should not rely upon opinions expressed at this
web site when making business, financial, personal or any other decisions.
Limitation of Liability
IN NO EVENT WILL CARBONIZE, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOSS OF PROFITS ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, OR USE OF ANY LINKED
WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING FOR BREACH
OF CONTRACT, NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT
LIABILITY, EVEN IF CARBONIZE HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION,
ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS
OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM.
Additional Legal Matters
The Terms of Use shall be governed by and construed in accordance with
the laws of the Province of British Columbia, without giving effect
to its principles of conflicts of law. Any disputes or controversies
arising out of the Terms of Use shall be subject to the exclusive jurisdiction
of the Federal Courts of Canadaa and/or the Provoncial Courts of BC
and the venue for such disputes shall rest solely with the State or
Federal Courts of Canada. The Terms of Use constitute the entire agreement
with respect to your access to and use of this web site. Any provision
of the Terms of Use that is determined by a court of competent jurisdiction
to be unenforceable in any jurisdiction shall be severable from the
Terms of Use in that jurisdiction without in any way invalidating the
remaining provisions of the Terms of Use. The unenforceability of any
provision in a given jurisdiction shall not make that provision unenforceable
in any other jurisdiction.
COPYRIGHT NOTICE
The content displayed on WESTCOASTSAIL.COM ("Website"), including
but not limited to the Website's look and feel, text, graphics, images,
sound or video materials, designs, the URL and software ("Content"),
is either the property of, or used with permission by, Carbonize Hypermedia
("CARBONIZE"), and is also protected by Canadian and international
copyright and trademark laws. All rights including but not limited to
copyright, title and interest in the Content belong to CARBONIZE or
its respective owners. The compilation (meaning the collection, arrangement
and assembly) of all Content on this Site is also the exclusive property
of CARBONIZE or its respective owners and protected by Canadian and
international copyright laws.
"Subject to the Terms of Use or the prior written consent of the
owner of the Content, you are strictly prohibited from reproducing,
republishing, copying, transmitting, distributing in any form, or by
any means, any Content. You may not modify, adapt, reverse engineer,
or in any way exploit any of the Content in whole or in part, except
as expressly stated otherwise in the Terms of Use. Any unauthorized
use of the Content may result in the violation of copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations
and statutes, and may subject you to criminal penalties."
TRADEMARK NOTICE
The trademarks, service marks, trade names, domain names and logos ("Trademarks")
displayed on the Website (including but not limited to "westcoastsail.com"
and "How's the wind?") are either pending, registered, or
unregistered Trademarks of CARBONIZE or their respective owners. You
may NOT use Trademarks without express written authorization of CARBONIZE
or respective owners.
If you have any questions with respect to these Terms of Use, Copyright
and Trademark Notices, please contact us at support@westcoastsail.com
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