Welcome to communitypoint.ca (the "Site"), a website owned and operated by Oxygen Webs Inc. ("Oxygen Webs"). The Site or any product or service offered on the Site (collectively the "Services") are provided by Oxygen Webs, conditional on your acceptance of the terms and conditions of use set out below (the "Terms and Conditions of Site Use"). Your use of the Site shall constitute your binding acceptance of the Terms and Conditions of Site Use.
Oxygen Webs reserves the right to modify or amend the Terms and Conditions of Site Use without notice at any time. As such, it is important that the Terms and Conditions of Site Use be read on a regular basis so that you are aware of any such changes.
Services other than reviewing the portions of the Oxygen Webs website available to the general public require a Client Login. These additional Services available after Client Login (the "Online Services") are subject to additional posted terms and conditions (the "Terms of Service"). Your use of such Online Services is subject to any such Terms of Service, which are incorporated into these Terms and Conditions of Site Use by reference. In the event of an inconsistency between the Terms and Conditions of Site Use and the Terms of Service the provisions of the Terms of Service shall prevail.
Copyright and Trade-marks
All content included on the Site (including, without limitation, the design, text, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any audio or video), and any selection or arrangement thereof (the "Content"), is the exclusive property of Oxygen Webs or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws. All such rights therein are expressly reserved by Oxygen Webs.
None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of Oxygen Webs. The Oxygen Webs name and logo are registered trade-marks and copyrights of Oxygen Webs Inc.
In consideration of the availability and your use of the Site, you agree to comply with the Terms and Conditions of Site Use and all applicable laws when using the Site. You acknowledge that Oxygen Webs may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;
- interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
- sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part;
- use or attempt to use another's account, password, or other information without the prior written authorization of Oxygen Webs, or create or use a false identity on the Site;
- access the Site for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose; or
- attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
All Content and Services provided on or through the Site are provided "as is" and in good faith by Oxygen Webs. While Oxygen Webs will use best efforts to present current, accurate and pertinent information, it does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content and all warranties and representations are hereby excluded to the extent permitted by law. Oxygen Webs does not warrant that the Content is accurate, reliable or correct, that the Site will be available at any particular time or location, that any defects or errors will be corrected or that the Content is free of viruses or other harmful components. Further, nothing on the Site constitutes advice, nor should the Site, or any part thereof, be relied upon in making, or refraining from making, any decision.
Use of this Site is solely at your own risk. To the extent permitted by law, Oxygen Webs hereby disclaims all liability (howsoever arising) in connection with any loss or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Site or the Content, or any action taken (or refrained from being taken) as a result of using any of the foregoing.
Oxygen Webs SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity
You agree to indemnify, defend and hold harmless Oxygen Webs and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Site, any violation of the Terms and Conditions of Site Use by you, or any violation of applicable law or rights properly belonging to another party by you.
Submission of Ideas and Suggestions
Oxygen Webs is always modifying the Site and developing new features. If you have ideas or suggestions regarding improvements or additions, Oxygen Webs would like to hear them, provided any submission will be subject to the Terms and Conditions of Site Use. Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to Oxygen Webs that the idea or suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that Oxygen Webs is free to implement the idea or suggestion if it so desires, as provided or as modified by Oxygen Webs, without obtaining permission or license from any third party.
Links to the Site
No links to the Site may be "framed" to the extent that such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Site must be to http://www.communitypoint.ca. "Deep linking" to internal pages of the Site is expressly prohibited.
Cookies and Web Beacons
Changes to Terms and Conditions of Site Use
Oxygen Webs reserves the right to modify, add to, delete from, alter or update the Terms and Conditions of Site Use (each a "Change") without notice at any time. Any Changes will be posted to this page and it is your responsibility to ensure that you are aware of any such Change from time to time. Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to access the Site after that time.
The Terms and Conditions of Site Use shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to the Terms and Conditions and you agree not to bring any action, suit or proceeding against Oxygen Webs, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.
The Terms and Conditions of Site Use constitute the entire agreement between you and Oxygen Webs with respect to the use of the Site. Oxygen Webs's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions of Site Use shall not be construed as a waiver of any provision or right of Oxygen Webs. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED