Disclaimer and User Agreement:
1. Copyright - All Data in the Data Files is protected by the copyright laws of Canada. The User acknowledges and agrees that copyright in the Data and Data Files belongs to the Regional District. The Regional District shall retain title to the Data Files and all subsequent copies of the Data Files made by the User.
2. Indemnity - The User indemnifies and saves harmless the Regional District and its members of the board of directors, officers, employees, agents, successors and assigns, from any and all liabilities, actions, damages, claims, losses, costs and expenses whatsoever (including without limitation, the full amount of all legal fees, costs, charges and expenses whatsoever) in any way, directly or indirectly, arising from the User's use or failure to use the Data or the Data Files.
3. Waiver - The User acknowledges and agrees to waive any and all claims, actions, costs, and demands that it may have against the Regional District, regardless of form of action whether in contract, tort, or otherwise, including but not limited to financial losses from reliance on the Data, loss or corruption of Data, and computer viruses.
4. Data Conflicts - Where a conflict between the information on this web site and information contained in any other records of the Regional District or documents that may be prepared by or delivered to the Regional District, the Regional District reserves the right to rely in all cases upon the record which it considers to be the most accurate and complete.
5. No Warranty - The User acknowledges and agrees to the following limited warranty and limitations on rights and remedies:
a. The Regional District provides the Data Files to the User "as is," without warranty of any kind, express or implied, including but not limited to the implied warranties of accuracy, completeness, and fitness for any particular purpose with respect to the Data Files and any accompanying written materials;
b. This data represents a one-time capture of information as it exists at the time the information is posted to this website and the Regional District makes no representation as to the accuracy of such information and does not necessarily include the ongoing updates or corrections to the source databases maintained by the Regional District or other agencies.
c. In no event shall the Regional District be liable to the User or any other party for losses or damages, including any loss or profits, lost savings, injury to property, or other incidental or consequential damages, arising out of the Data Files, or the User's use or inability to use the Data Files, even if the Regional District has been advised of the possibility of such damages; and
d. The User assumes and accepts all risks, damages and hazards in connection with the accuracy, completeness, results, performance, use, or inability to use the Data Files.
6. Interpretation - Reference in this agreement to:
a. "Data" means any and all digital information, content, reports, data, databases, graphics, interfaces, text, files, software, trademarks, logos, and tradenames contained in the Data Files;
b. "Data Files" means the Data provided for viewing or download by the Regional District.
c. The singular includes a reference to the plural, feminine, or body corporate or politic where the context requires, and a reference to the plural includes a reference to the singular, unless the context requires otherwise;
d. All headings in this Agreement are for reference purposes only;
e. A party is a reference to a party to this Agreement;
f. Every reference to a party is deemed to include the heirs, executors, administrators, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party wherever the context so requires or allows;
g. This agreement shall be construed according to the laws of the Province of British Columbia;
h. If any provision of this Agreement is unenforceable, unlawful or void, the provision is to be deemed severable from the rest of this Agreement and does not affect the validity or enforceability of the remaining provisions.
7. Binding on Successors - This agreement inures to the benefit of and is binding upon the parties and their respective successors and assigns, notwithstanding any rule of law or equity to the contrary.
8. Whole Agreement - The provisions in this agreement constitute the whole of the agreement between the parties and supersede all previous communications, representations, warranties, covenants and agreements, whether verbal or written, between the parties with respect to the subject matter of the agreement. Any amendments to this Agreement must be made in writing.
9. Waiver or Non-action - Waiver by the Regional District of any breach of any term, covenant or condition of this agreement by the User shall not be deemed to be a waiver of any subsequent default by the User. Failure by the Regional District to take any action in respect of any breach of any term, covenant or condition of this agreement by the User shall not be deemed to be a waiver of such term, covenant or condition.
10. Survival of Terms - The disclaimers, limitations on liability, ownership, termination, waiver, warranty and the indemnity provisions of this Agreement shall survive the termination of this Agreement.
11. Time of the Essence - Time is of the essence of this Agreement.