Last Updated:June 11/2015

RLGM Recreation Centre TERMS OF USE AGREEMENT

Welcome to the RLGM Recreation Centre. Please read these Terms of Use Agreement (the “Terms of Use”) carefully, as it constitutes legally binding terms and conditions and applies to your use of www.rlgmrecreation.com (the “Site”), which is made available by RLGM Recreation Centre (“RLGM RECREATION CENTRE”, “we”, “our” or “us”).  The term “Site” includes all content, applications, features, functionality and services offered by us on the Site, including, without limitation, facility rentals, news feeds and activity administration (collectively, the “Site Services”).

            These Terms of Use apply to all users of the Site, whether you have registered for or simply browse the Site (“User”, “you” or “your”), and by using the Site, you understand, acknowledge and agree that you shall comply with the terms and conditions of these Terms of Use and any additional terms and conditions that govern certain Site Services, which may be presented in connection with same (the “Additional Terms”). The Site's Privacy Policy -  http://www.rlgmrecreation.com/#!about1/c1i2w - and the Additional Terms are hereby incorporated into these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and the Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. 

1.         Term. These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Site. You may terminate your use of or registration to the Site at any time, for any reason, and RLGM RECREATION CENTRE may terminate your use of or registration to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Use and the Privacy Policy - http://www.rlgmrecreation.com/#!about1/c1i2w - and the Additional Terms, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.

2.         Modifications. We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you. For your convenience, the date of the last update to these Terms of Use appears at the top of this document.

3.         Compliance. By using the Site, you represent, warrant and covenant that (a) you are 18 years of age or older; (b) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; and (c) all registration information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or RLGM RECREATION CENTRE suspects that such information is untrue, inaccurate, not current or incomplete, RLGM RECREATION CENTRE has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

4.         Proprietary Rights. 

A.         All content on the Site and otherwise available through the Site, including designs, text, graphics, images, information, video, audio and other files, and their selection and arrangement, is owned by RLGM RECREATION CENTRE or its licensors.  No Site content may be modified, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use.  Authorized users may access and use the Site and the Site content and download or print a reasonable number of copies of portions of the Site content to which the user has properly gained access solely for the user’s personal, non-commercial, non-exclusive, non-assignable, non-transferable use, provided that the user maintains all copyright or other proprietary notices on all copies of such Site content.  You may not publish or otherwise distribute Site content, including via the Internet or any intranet or extranet site, or incorporate the Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content.  Any use of the Site or the Site content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Site and the Site content granted herein.  All rights of RLGM RECREATION CENTRE or its licensors that are not expressly granted in these Terms of Use are reserved to RLGM RECREATION CENTRE and its licensors.

6.         Disclaimer re. Accuracy of Information.

A.         All information provided on this Site is given for your convenience only.  We do not warrant the accuracy of any information contained in this Site and any information included is subject to change by RLGM RECREATION CENTRE at any time. RLGM RECREATION CENTRE is not responsible and shall not be liable to you or anyone else for reliance upon the information contained in the Site.  Without limiting the generality of any other terms and conditions on this Site, RLGM RECREATION CENTRE does not accept liability for any errors or omissions which may be found on this Site.

7.         Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site’s Privacy Policy - http://www.rlgmrecreation.com/#!about1/c1i2w - which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

8.         User Content & Public Forums. 

A.         The Site may provide you and other Users with an opportunity to submit information to RLGM RECREATION CENTRE, such as the entry of blog comments, participation in discussion boards and forums, and submission of other message, comment and communication features and may provide you with the opportunity to post, email, transmit or otherwise make available comments and other information or content via the Site (“User Content”). You acknowledge and agree that by posting, uploading, displaying, transmitting or otherwise providing the User Content, you:

·         agree that such submission is non-confidential for all purposes

·         authorize RLGM RECREATION CENTRE to treat such User Content as non-confidential and non-proprietary, and are granting RLGM RECREATION CENTRE, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content

·         warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

B.         You understand, acknowledge and agree you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. RLGM RECREATION CENTRE does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall RLGM RECREATION CENTRE be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.

C.         If you use a public forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site.  RLGM RECREATION CENTRE and any party involved in creating, producing, delivering or maintaining this Site are not responsible for the consequences of any communications in the public forums.  In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and RLGM RECREATION CENTRE immediately.

D.         You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) distributes viruses or other harmful computer code; (e) solicits or disseminates surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; or (f) creates a false identity for the purpose of misleading others.

E.         RLGM RECREATION CENTRE reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material form its servers.  RLGM RECREATION CENTRE intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.

9.         Other Prohibited Uses

You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by RLGM RECREATION CENTRE in providing the Site.  Any violation of system or network security may subject you to civil and/or criminal liability.

10.       Trademarks 

A.         “RLGM RECREATION CENTRE” and other RLGM RECREATION CENTRE graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, trademarks or trade dress of RLGM RECREATION CENTRE in Canada. You may not use RLGM RECREATION CENTRE trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that RLGM RECREATION CENTRE endorses any product or service.  You may not reproduce or use RLGM RECREATION CENTRE’s trademarks or trade dress without the prior written permission of RLGM RECREATION CENTRE.

B.         Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by RLGM RECREATION CENTRE or by any third party.

11.       Copyright and Content 

The contents of this Site are protected by copyright under both Canadian and foreign laws.  Title to the content of this Site remains with RLGM RECREATION CENTRE or it licensors.  Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  Content and features are subject to change or termination without notice in the editorial discretion of RLGM RECREATION CENTRE.  All rights not expressly granted herein are reserved to RLGM RECREATION CENTRE and its licensors.

12.       Hyperlinks To Third Party Web Sites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of RLGM RECREATION CENTRE, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers or operational service providers. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or RLGM RECREATION CENTRE’s logo and/or sponsorship identification is on the third party website as part of a co-branding or promotional arrangement. If any third party website you interact with obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

13.       Assignment. These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by RLGM RECREATION CENTRE without restriction and without notice to you.

14.       Indemnity. You agree to defend, indemnify and hold RLGM RECREATION CENTRE, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Site, (b) your breach or violation these Terms of Use or (c) your User Content. RLGM RECREATION CENTRE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with RLGM RECREATION CENTRE’s defense of such Claim.

15.       DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, ALL CONTENT AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED.  RLGM RECREATION CENTRE DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, SERVICES, AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK.  RLGM RECREATION CENTRE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR ANY RELIANCE ON SUCH INFORMATION, SERVICES OR CONTENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Content associated with your use of the Site.

 
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RLGM RECREATION CENTRE, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.  


You further understand and acknowledge that some messages and transmissions, including, without limitation, User Content, may not be processed in a timely fashion and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that RLGM RECREATION CENTRE assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Content.


16.       Governing Law; Access; Miscellaneous. These Terms of Use, together with any Additional Terms, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and RLGM RECREATION CENTRE concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to its choice of law provisions.  You agree that the courts of the of shall have sole and exclusive jurisdiction over any action at law or inequity arising from your use of the Site and these Terms of Use, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.  For the avoidance of doubt, this choice of law does not have the effect of incorporating into these Terms of Use in whole or part any statute or regulation if the scope of application of the statute or regulation or any provision of the statute or regulation would not otherwise include these Terms of Use.

The Site is controlled and operated by RLGM RECREATION CENTRE from its offices in , . RLGM RECREATION CENTRE makes no representation or warranty that the Content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to Canadian export restrictions.

 

These Terms of Use were last modified on the date indicated above and are effective immediately.