WEBSITE TERMS AND CONDITIONS of USER of WEBSITE (“Customer”)
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and that the terms are reasonable If you disagree with these terms and conditions or any part of these terms and conditions, and/or think the terms are unreasonable you must not use this website.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by the law, SeaFirst:
- Excludes all representations and warranties relating to the website and its contents or which may be provided by affiliates or any other third party, including in relation to any inaccuracies and omissions in this website and/or SeaFirst’s literature.
- Excludes all liability for damages arising out of or in connection with the use of the website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised SeaFirst of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- Unless otherwise stated, the services featured in this website are only available within Canada. All advertising is intended solely for the Canadian market. The customer is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website.
- • SeaFirst does not warrant that the service from this website will be uninterrupted, timely or error free. By using this service the Customer indemnifies SeaFirst, its employees, agents and affiliates against any loss or damage in whatever manner, howsoever caused.
- You accept that, as a limited liability entity, SeaFirst has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SeaFirst’s officers or employees in respect of any losses you suffer in connection with the website.
- Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SeaFirst’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SeaFirst.
CUSTOMER LICENSE TO USE WEBSITE
Unless otherwise stated, SeaFirst and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- re-distribute material from this website [except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
The Customer must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
The Customer must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
The Customer must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SeaFirst;’s express written consent.
The Customer must not use this website to transmit or send unsolicited commercial communications.
The Customerr must not use this website for any purposes related to marketing without SeaFirst’s express written consent.
Access to certain areas of this website is restricted. SeaFirst reserves the right to restrict access to other areas of this website, or indeed this entire website, at SeaFirst’s discretion.
If SeaFirst provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
SeaFirst may disable your user ID and password in SeaFirst’s sole discretion without notice or explanation.
Links to this website
The Customer may not create a link to any page of this website without our prior written consent. If the Customer does create a link to a page of this website the Customer does so at his or her own risk and the exclusions and limitations set out above will apply to the Customer’s use of the website by linking to it.
Links from the website
SeaFirst does not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by SeaFirst and SeaFirst should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content of these sites. We encourage our Customers to be aware when they leave our site and to read the privacy statements of these sites. The Customer should evaluate the security and trustworthiness of any other site connected to this website or access through the website, before disclosing any personal information. SeaFirst will not accept any responsibility for any loss or damage in whatsoever manner, howsoever caused, resulting from the Customer’s disclosure to third parties of personal information.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify SeaFirst and undertake to keep SeaFirst indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SeaFirst to a third party in settlement of a claim or dispute on the advice of SeaFirst’s legal advisers incurred or suffered by SeaFirst arising out of any breach by you of any provision of these terms and conditions), or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to SeaFirst’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SeaFirst may take such action as SeaFirst deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
SeaFirst may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
SeaFirst may transfer, sub-contract or otherwise deal with SeaFirst’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
The Customer may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and SeaFirst in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Failure of either SeaFirst or the Customer to insist upon strict performance of any provision of this or any agreement or the failure of either SeaFirst or the Customer to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this Agreement. No waiver or any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both SeaFirst and the Customer.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Laws of the Province of British Columbia and Canada, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of British Columbia.
Notification of Changes
SeaFirst reserves the right to change these conditions from time to time as it sees fit and the Customer’s continued use of the site will signify the Customer’s acceptance of any adjustment to these terms. The Customer is therefore advised to re-read this statement on a regular basis.