Member Resources - Terms of Use
Last Updated: January 2024.
The Media Hub, Member Business Listing Directory and other member resources available on the: www.members.banfflakelouise.com website (collectively the “Resources”) are owned and operated by Banff & Lake Louise Tourism Bureau (the “Company”), a not-for-profit, non-commercial organization.
Please carefully read these Member Resources - Terms of Use before using the Resources and Services. These Terms of Use exempt Company and other persons from liability, specify the jurisdiction for the resolution of disputes and contain other important provisions.
BY USING THE RESOURCES OR USING ANY OF OUR OTHER COMPANY SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE RESOURCES OR ITS SERVICES.
On the website we provide you with access to a variety of Resources, intended exclusively for members, and select partners, such as images and media for download and use, Business Listings and other resources and guides (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms of Use. If you use the Media Hub or upload images to your Business Listing the use of such images and grant of any rights will also be subject to any additional terms posted at the time of use or uploading of the images.
1. YOUR ACCEPTANCE OF THESE TERMS
These Terms of Use are a binding agreement between you and Company regarding your access to and use of the Resources and Services. Each time you use the Resources, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Resources.
In these Terms of Use, a reference to the “Resources” includes all of the content (including all text, graphics, images, video, and other elements available on or through the Resources) and the design, structure, selection, arrangement and look and feel of each element of Resources content and the website as a whole.
2. CHANGES TO THESE TERMS OF USE
Company may change these Terms of Use (and any other documents referenced in these Terms of Use), including the Privacy Policy at any time and from time to time, with at least sixty (60) days’ notice, by posting the changed Terms of Use on the website at www.banfflakelouise.com/terms-conditions. The changed Terms of Use are effective sixty (60) days after the notice of change is posted unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Resources after these Terms of Use have been changed by Company, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use.
3. PERMITTED USERS
The Resources may be used for members only by individuals (natural persons) who are the age of majority (which in most jurisdictions is either 18 or 19 years) in the jurisdiction in which they live and are capable of forming a binding contract under applicable law on behalf of the legal entity that is the member. The member may not use the Resources if: (i) it does not accept and agree to these Terms of Use; (ii) it has breached these Terms of Use; or (iii) its permission to use the Resources has been suspended or terminated by Company.
Company may not make the Services available in all markets and jurisdictions and may restrict or prohibit use of the Services from certain jurisdictions. By using the Resources and the Services as a legal entity, you represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
4. PERMITTED USE OF THE RESOURCES
Subject to these Terms of Use and all applicable laws, you may use the Resources for your lawful, internal commercial purposes only, only in the manner purposefully made available by the Resources and subject to these Terms of Use and all applicable laws. Use of the Resources for any other purpose or in any other manner is strictly prohibited.
5. REGISTRATION, ACCOUNTS AND SECURITY
If any of the Services requires you to open an account (an “Account”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Any personal information you supply will be subject to our Privacy Policy. When you create an Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide current, accurate and complete information, and to keep such information updated; (c) maintain and promptly update your Account information; (d) maintain the security of your Account by protecting your password and restricting access to your Account; and (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (f) you will log out the Resources by taking proper steps at the end of every visit.
You are responsible for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
You will not use any Account other than your own or access the Account of any other User at any time orassist others in obtaining unauthorized access. You may not open more than one Account at a time. You may not authorize others to trade using your Account nor will you trade on behalf of others using your Account.
If there is any suspicious activity related to your Account, we may, but are not obligated to, request additional information from you. You must comply with these security requests or accept termination of your Account.
6. TERMINATION AND SUSPENSION
You may close your Account at any time. Upon notice to you, Company may close or temporarily suspend your Account, prohibit access to the Resources or any part thereof, if Company believes you are in breach of these Terms or any other requirements of Company for the use of the Services, for technical reasons, infringing the intellectual property, using the Services for any illegal purposes, contractual or privacy rights of any third party, pursuant to any judicial or law enforcement order or request, any other illegal or tortious acts, or for any reason in Company’s discretion.
7. NO ADVICE
The Resources are for general informational purposes only, and are not, and should not be construed or interpreted as, professional advice or recommendations (including business advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Resources.
8. LINKED SITES
For your convenience, the Resources may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Activating a link may cause your browser to leave the Resources and connect with the Linked Site. Linked Sites are independent from the Resources and may have different or inconsistent terms of use. Company does not sponsor or endorse or have any responsibility or liability for or control over, any Linked Site, any information, product, service, business, company or content available on or through any Linked Site or the collection of your personal information through any Linked Site or by the owner or operator of any Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Company arising from, connected with, or relating to your use of any Linked Site, your dealings with the owner or operator of any Linked Site or any information, product, service, business, company or content available on or through any Linked Site.
9. ELECTRONIC NOTICES
Email messages sent over the Internet are not secure and Company is not responsible for any damages incurred by the result of sending email messages over the Internet.
You consent to receiving all notices, communications, agreements, documents, receipts, notices and disclosures (collectively, “Notices”) that Company provides in connection with your Account or use of the Services in electronic form. Notices may be provided by email to the address provided by you, by posting on the Resources, or other methods from time to time. You are responsible for maintaining any Notices you receive.
10. EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE RESOURCES, SERVICES OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF COMPANY GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY, AND EVEN IF COMPANY GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS, DAMAGE OR LIABILITY BEING INCURRED.
WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS PARAGRAPH, COMPANY’S LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OF USE, THE RESOURCES AND SERVICES, SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE FEES PAYABLE TO COMPANY UNDER YOUR ACCOUNT/MEMBERSHIP DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
IN THESE TERMS OF USE, “COMPANY GROUP” MEANS COMPANY AND EACH OF ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
11. INDEMNITY
You agree to indemnify, defend and hold the Company Group harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable legal fees) arising from or in any way related to your use of the Resources, Services, your breach of these Terms, Business Listing Content (as defined below), or your violation of any rights of any other person or entity.
12. FEEDBACK AND BUSINESS LISTING CONTENT
If you give any feedback (including any ideas or suggestions for enhancements or improvements) about the Resources or Services, or any of Company’s products or services to Company, then Company and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person. Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products or marketing strategies might seem similar to ideas submitted to Company.
Business Listing Content
"Business Listing Content" means any and all information and content, including photographs and written content that a member submits to Company by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Resources (e.g., a company/organization, user profile, product review, question & answer), or when you otherwise interact with Company (e.g., when you call or send us emails). You are solely responsible for your Business Listing Content. You assume all risks associated with use of your Business Listing Content, including any reliance on its accuracy, completeness or usefulness by others. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your Business Listing Content with the Resources as described herein and (b) your Business Listing Content does not violate the intellectual property, personality or privacy rights of any third party. You may not state or imply that your Business Listing Content is in any way provided, sponsored, or endorsed by Company. Because you alone are responsible for your Business Listing Content (and not Company), you may expose yourself to liability if, for example, your Business Listing Content violates third party rights. Company is not obligated to backup any Business Listing Content, makes no representation that it will do so, and you agree that Company may delete Business Listing Content at any time if it violates these Terms of Use or is the subject of a legal demand or take down notice.
By submitting your Business Listing Content or using it with the Resources, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Business Listing Content, and to grant sublicenses of the foregoing, solely for the purposes of including your Business Listing Content in the Resources, Company social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your Business Listing Content.
Because we do not control Business Listing Content, you acknowledge and agree that we are not responsible for any Business Listing Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Business Listing Content, and we assume no responsibility for any Business Listing Content. Your interactions with other Resources users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Resources user, we are under no obligation to become involved.
13. ADDITIONAL PROHIBITED USES
You will not: (a) use the Resources in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Resources or attempt to access or use the Resources by any means that is not deliberately made available for that purpose by Company; (c) use or attempt to use another party’s Account; (d) use the Resources in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Resources or any related computer system, network or data; (e) use the Resources or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Resources or Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; (f) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Resources to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (g) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Resources for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (h) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Resources; (i) develop any third party applications that interacts with the Resources or Services; or (j) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Resources in a way that would constitute an infringement of the rights of Company or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
14. OWNERSHIP OF RESOURCES
Copyright © 2024 Banff & Lake Louise Tourism Bureau, all rights reserved. The Resources and the technologies and data used to operate the Resources and all related proprietary rights (including copyright) are owned solely by Company and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Resources or any related technologies and data.
15. TRADEMARKS
BANFF & LAKE LOUISE TOURISM BUREAU™, BANFF & LAKE LOUISE BEAR PAW DESIGN™ and BANFF & LAKE LOUISE MAPLE DESIGN™ and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Company. Other product and company names and logos appearing on the Resources may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Resources is strictly prohibited, and nothing appearing on the Resources will be construed as granting any license or right to use any of those trademarks, service marks or trade names.
16. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RESOURCESAND SERVICES ARE MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF OR RELATING TO ACCURACY; COMPLETENESS; TIMELINESS; LACK OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; NON-INFRINGEMENT OR RESULTS; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY COMPANY GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF COMPANY GROUP. IF YOU ARE DISSATISFIED WITH THE RESOURCES OR SERVICES, YOUR SOLE REMEDY IS TO STOP USING THE RESOURCES OR SERVICES.
17. RESTRICTIONS/CHANGES/TERMINATION
The Resources may contain technologies that restrict or limit the use of the Resources or Services. Company in its discretion may change, suspend or terminate the Resources, or limit, suspend or terminate your use of the Resources, effective immediately at any time and without any notice or liability to you or any other person. The Resources may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Company, all without any notice or liability to you or any other person.
If your permission to use the Resources is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Resources before termination and all related matters (including any related dispute).
18. GOVERNING LAW
These Terms of Use and the Resources and all related matters are governed by and will be construed and interpreted solely in accordance with, the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.
19. CASL COMPLIANCE
We make every effort to comply with the Canadian Anti-Spam Legislation. You may unsubscribe from receiving commercial electronic messages from us at any time by clicking the unsubscribe link at the bottom of any of our emails.
20. DISPUTES
Except as expressly set out below, and unless applicable law requires otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Resources or any related matter (each a “Dispute”) will be referred to and finally resolved by binding arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The number of arbitrators will be one. The place of arbitration will be Calgary, Alberta. The language of the arbitration will be the English language. If ICDR Canada is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act (Alberta).
Notwithstanding the foregoing, Company may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect Company’s rights and interests.
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.
21. GENERAL MATTERS
Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. These Terms of Use are for the benefit of Company Group. No consent or waiver by Company to or of any breach by you of these Terms of Use will be effective unless in writing and signed by Company or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Company Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Company Group may be lawfully entitled under these Terms of Use or at law, and Company Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Company, which consent may be withheld in Company’s discretion. Company may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these Member Resources - Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “discretion” means a person’s sole, absolute and unfettered discretion; (e) ”including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) ”law” includes common law, equity, statutes and regulations; (h) “you” means the member legal entity and its legal representatives; and (g) ”person” includes an individual, corporation and any other legal entity.
Complete Agreement: These Terms of Use, the terms on the Media Hub and Business Directory Listing pages, set out the entire agreement between you and Company regarding your use of the Resources and Services. These Terms of Use may not be modified except as set out in Section 2. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Company regarding the Resources.
Language: The parties have expressly requested and hereby agree that this Agreement and all related documents be drafted in English only. Les parties ont demandé expressément et consentent à ce que la présente entente et tout document yafférent soient rédigés en anglais seulement.
Subject to applicable law, any non-English translation of these Terms of Use provided by Company is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.
If you have any questions or comments regarding these Terms of Use, please contact Company by email to memberservices@banfflakelouise.com.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE RESOURCES OR THE SERVICES.