Terms of Use

Welcome to the Web Site of The Crossing at Ghost River Ltd.

Please read these terms and conditions of use (“Terms“) carefully before using this site (“Site“).  By using this Site’s services, viewing, downloading, or otherwise using any materials published on this Site, you (“Visitor“) agree to be bound by these Terms.  If you do not agree to these Terms, do not use this Site.  This Site is owned and managed by The Crossing at Ghost River Ltd. (“The Crossing“).

Ownership and Copyright

By accessing this Site, Visitors agree and acknowledge that any and all information, content, reports, graphics, photographs, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Site (collectively the “Content“), including the manner in which the Content is presented or appears and all information relating thereto, are the property of The Crossing or its licensors.  This Site and the Content are protected by copyright, trade-mark and other proprietary rights of The Crossing or third parties.  Except as expressly permitted herein, no portion of this Site or the Content, including trade-marks, logos and service marks, may be reproduced in any form or by any means without prior written permission from The Crossing or the applicable third party.

Materials Available on This Web Site

The Crossing hereby grants a personal, non-exclusive and non-transferable license to you to access, read, download and print one copy of materials from this Site (“Materials“) provided that you observe the following:

  1. the below Copyright Notice as well as any other applicable proprietary notice(s) appear on all copies of the Materials,
  2. use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media unless expressly approved by The Crossing, and
  3. no modifications of any Materials are made.  This permission does not include the right to use the design, layout or any other component of the Site

No other use of the Materials is permitted.

This site is offered in the English language and is intended for use only in Canada.

Acceptable Use Policy

Use of our Site in any way that is fraudulent or violates applicable laws, court orders or regulatory policies or tariffs, or interferes with or disrupts other network users, network services or network equipment is strictly prohibited.  This includes but is not limited to spamming; introduction of computer worms or viruses; use of false identities; attempt to gain unauthorized entry to any site, machine or network; distribution of pornography, obscene or defamatory material; or infringement upon the intellectual property of others.

Restrictions on Use

By accessing this Site, Visitors agree that they will not:

  1. distribute the Content for any purpose including, without limitation, compiling an internal database, redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system; or
  2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.

Visitors to this Site further agree that they shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of The Crossing or its licensors.

Limitation of Liability

The use of this Site and the Content by Visitors is at the risk of the Visitors and The Crossing assumes no liability or responsibility pertaining to the Content or the use of the Site.  The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service or use or course of action

Except as may be expressly provided by written agreement and executed by a duly authorized officer of The Crossing, this Site, its Content, and its services are provided “as is” and The Crossing expressly disclaims representations, warranties, guarantees or conditions of any kind, whether express or implied, statutory or otherwise, including but not limited to: warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, confidentiality, security, merchantability, quality, title, non-infringement or fitness for a particular purpose or those arising out of a course of dealing or usage of trade.

There is no guarantee that personal information and transactions on this Site or on the Internet will be maintained confidential and secure.  The use of this Site and the Content is at the Visitor’s own risk and The Crossing assumes no liability or responsibility pertaining to the Content, use of the Site or the receipt, storage, transmission or other use of any personal information.

In no event, including but not limited to negligence, will The Crossing, its agents, suppliers, employees, or other third parties referenced at this Site be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for personal injury, business disruption, loss of business profits, loss of business or confidential information, loss of privacy, or any other pecuniary loss) arising out of the use of or the inability to use services, functions, materials, or any information available at this Site or the provision of or failure to provide technical support or other services, even if The Crossing or an authorized The Crossing representative has been advised of the possibility of such damages.

Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

Visitors to this Site agree at all times to indemnify, defend and hold harmless The Crossing, its agents, suppliers, affiliates and their respective directors, officers, employees and subcontractors against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by The Crossing directly or indirectly in respect of:

(i)             any information or other content a Visitor provides on or through this Site or which is sent to The Crossing by e-mail or other correspondence; or

(ii)           a Visitor’s use or misuse of the Content, Materials or this Site, including without limitation, infringement claims.

Links to Other Web Sites

The Crossing may provide links to other sites for your convenience (“Third Party Sites”).  The Crossing is not affiliated with sites which may be linked to this Site and is not responsible for their content.  The Crossing does not control these linked sites and makes no representation regarding the quality, nature or reliability of any other sites.  If you wish to link to this Site, please contact us in order to obtain permission prior to linking to this Site.  Unauthorized linking to this Site is expressly prohibited.

Trade-marks

“The Crossing at Ghost River” and The Crossing logo are trade-marks of The Crossing in Canada and other countries and Visitors are not granted any permission to use any of The Crossing or third party marks.  All other trade-marks, trade names, or company names referenced on this Site are used for identification only and are the property of their respective owners.

Jurisdiction

The Crossing and this Site (excluding linked Third Party Sites or content) are based in Alberta, Canada.  The use of this Site is governed by the laws of the Province of Alberta and the federal laws of Canada.  Any dispute arising out of the use of this Site or these Terms shall be governed by the laws of the province of Alberta, and the federal laws of Canada applicable therein, and shall be treated in all respects as an Alberta contract without reference to the principles of conflicts of law.  In the event of a dispute, Visitors to the Site agree to submit to the exclusive jurisdiction of the courts of Alberta and the federal courts of Canada, and further agree to expressly exclude the UN Convention on Contracts for the International Sale of Goods, as replaced or re-enacted from time to time.

Computer Problems

In no event will The Crossing, its licensors, its agents, suppliers, affiliates or their respective directors, officers or employees be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems, telecommunications service providers, links to Third Party Sites, the internet backbone, personal injury, third party content, products or services, damages or losses caused by Visitors to the Site, loss of use or lack of availability of facilities including computer resources, software and data, the use or inability to use this Site or the Content, any other Site access to or from this Site, or events beyond the reasonable control of The Crossing, even if The Crossing or any of its lawful agents have been advised of the possibility of such damages or claim.

General

Any rights not expressly granted herein are reserved.  The Crossing owns and manages this Site from its corporate headquarters in Calgary, Alberta, Canada.  All information on this Site is subject to Canadian export control laws and may also be subject to the laws of the country where you reside.  If you access this Site from outside of Canada, you are responsible for compliance with applicable local laws.

The Crossing may revise these Terms at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms because they are binding on you.  Expressly designated legal notices or terms located on particular pages at this Site may supersede certain provisions of these Terms.

© 2011, The Crossing at Ghost River Ltd.