TERMS OF SERVICE
Last updated: February 2021
WhiteWater West Industries, INC dba Vantage, its subsidiaries and affiliates, together with Island H2O Waterpark, and its subsidiaries and affiliates (collectively, “our”, “we”, “us”, “Vantage”, “provider”), require that all the visitors to and users of our site(s) on the World Wide Web, other online sites, services, tools and applications of all kinds related to Island H2O Waterpark (collectively, the “Online Sites & Services”) adhere to the following terms and conditions (the “Terms and Conditions”). These Terms and Conditions govern your access to and use of the Online Sites & Services, including any content, functionality and services offered on or through the Online Sites & Services.
By using the Online Sites & Services, you represent and warrant that you are either:
- the legal age of majority under applicable law to form a binding contract with us; or
- a parent or legal guardian of a user that is under the legal age of majority and legally responsible for such minor user’s use of the Online Site & Services.
If you do not meet the foregoing requirements, you must not access or use the Online Site & Services.
For the Online Sites & Services and these Terms and Conditions, references to Vantage includes WhiteWater West Industries, INC dba Vantage and Island H2O Waterpark, and Premier Parks
Table of Contents
- MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE ONLINE SITES & SERVICES
- ACCESS TO THE ONLINE SITES & SERVICES AND ACCOUNT SET-UP AND SECURITY
- USE OF THE SITE AND YOUR ACCOUNT INFORMATION
- COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
- NO WARRANTIES
- LIMITATION OF LIABILITY FOR USE OF THE ONLINE SITES & SERVICES AND LINKED SITES
- LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE ONLINE SITES & SERVICES
- USER SUBMISSIONS AND CONDITIONS OF USE
- USER SUBMISSIONS: GRANT OF LICENSE
- MONITORING, ENFORCEMENT, SUSPENSION AND TERMINATION
- PROHIBITED BEHAVIOUR
- LINKED INTERNET SITES
- NO RELIANCE
- TRANSMISSION OF PERSONAL DATA
- CHANGES TO TERMS AND CONDITIONS
- VIOLATION OF TERMS AND CONDITIONS
- ACCESS TO PASSWORD PROTECTED / SECURE AREAS
- USE OF “COOKIE” FILE FEATURES
- JURISDICTION/GOVERNING LAW
- ADDITIONAL AGREEMENTS
- REPORTING AND CONTACT
- Modifications to the Terms and Conditions and to the Online Sites & Services
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Online Sites & Services. You agree to periodically review these Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Online Sites & Services, and the Online Sites & Services, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Online Sites & Services is restricted to users or unavailable at any time or for any period.
- Access to the Online Sites & Services and Account Set-up and Security
The safety and security of your information depends on you. Users are responsible for obtaining their own access to the Online Sites & Services. Users are required to ensure that all persons who access the Online Sites & Services through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Online Sites & Services, including content or areas of the Online Sites & Services, may require user registration. It is a condition of your use of the Online Sites & Services that all the information you provide on the Online Sites & Services is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Online Sites & Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Online Sites & Services.
Access to certain portions of the Online Sites & Services requires login and password information from users who have registered (each a “Registered User”). The login and password (“ID”), either chosen by or provided to each Registered User, are for the use of such Registered User only and are not transferable. If you obtain an ID by any means other than your own registration as a Registered User, you are not authorized to use that ID and we request that you immediately notify us of the improperly disclosed ID.
Any ID or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you become a Registered User, your account is personal to you and you agree not to provide any other person with access to the Online Sites & Services or portions of them using your ID or other security information. You agree to notify us immediately of any unauthorized access to or use of your ID or any other breach of security. You also agree to ensure that you logout from your account at the end of each session.
You are solely responsible for:
- maintaining the strict confidentiality of your ID;
- any ID misuse or any unauthorized access;
- any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your ID; and
- promptly informing us in writing at email@example.com of any need to deactivate an ID due to potential or actual security concerns, including but not limited to your ID being lost or stolen or you becoming aware of any unauthorized use of your ID or of any other breach of security related to the Online Sites & Services.
Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at our sole discretion, in cancellation of the Registered User’s account and other remedies, and we shall have no liability to the Registered User for such cancellation.
We are not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify us in writing of any unauthorized use of your ID.
We reserve the right at any time and from time to time, to disable or terminate your Registered User account or any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
- Use of the Site and your Account Information
Use of the Online Sites & Services is voluntary. You may choose not to use the Online Sites & Services and you may choose not to use your ID. You may cancel your ID at any time by contacting us at firstname.lastname@example.org. If you choose to have an ID, you agree to comply with all terms related to your ID in these Terms and Conditions.
YOU ACKNOWLEDGE AND AGREE THAT WHEN VANTAGE IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION, VANTAGE IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR VANTAGE’S USE OF SUCH INFORMATION.
- Copyright, Trademarks and Intellectual Property Rights and Ownership
The trademarks, logos and service marks (“Marks”) displayed as part of the Online Sites & Services are the property of Vantage and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without our prior written permission or such third party which may own the Marks. Use of any Marks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
All information, content, features and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, available on or through the Online Sites & Services (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Online Sites & Services for commercial or public purposes.
You may only use the Online Sites & Services for your personal and non-commercial use. The content on the Online Sites & Services is provided solely to enable users to obtain information on topics of interest and to engage in services offered by us. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Online Sites & Services, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
- in the event social media platforms are linked to certain content on the Online Sites & Services, you may take such actions as the Online Sites & Services and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from the Online Sites & Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Online Sites & Services. You must not access or use for any commercial purposes any part of the Online Sites & Services or any services or materials available through the Online Sites & Services.
If you print off, copy or download any part of the Sites in breach of these Terms and Conditions, your right to use the Online Sites & Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Online Sites & Services or to any content on the Online Sites & Services, and all rights not expressly granted are reserved by us. Any use of the Online Sites & Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
THE ONLINE SITES & SERVICES MAY PROVIDE OR FACILITATE LINKS TO OTHER SITES BY ALLOWING THE USER TO LEAVE THE ONLINE SERVICE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO AN ONLINE SERVICE (A “LINKED SITE”). VANTAGE HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT WE HAVE PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND VANTAGE URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
- No Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SITES & SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE ONLINE SITES & SERVICES IS AT YOUR OWN RISK. THE ONLINE SITES & SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE ONLINE SITES & SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VANTAGE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH AN ONLINE SERVICE BY ANY PARTY OTHER THAN VANTAGE, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL VANTAGE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH AN ONLINE SERVICE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH AN ONLINE SERVICE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE ONLINE SITES & SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE ONLINE SITES & SERVICES AND YOUR COMPUTER OR MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SITES & SERVICES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE ONLINE SITES & SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE ONLINE SITES & SERVICES, OR ON ANY WEBSITE OR SOCIAL MEDIA PLATFORM LINKED TO THE ONLINE SITES & SERVICES.
- Limitation of Liability for Use of the Online Sites & Services and Linked Sites
NEITHER VANTAGE NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE ONLINE SITES & SERVICES, THE CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE ONLINE SITES & SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VANTAGE NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, REPRESENT OR WARRANT THAT THE ONLINE SITES & SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE ONLINE SITES & SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE UNDER NO OBLIGATION TO UPDATE ANY CONTENT PROVIDED OR DISPLAYED AS PART OF THE ONLINE SITES & SERVICES. WE MAY CHANGE THE CONTENT PROVIDED OR DISPLAYED AS PART OF THE ONLINE SITES & SERVICES AT ANY TIME WITHOUT NOTICE. WE MAY MAKE IMPROVEMENTS OR CHANGES TO THE ONLINE SITES & SERVICES AT ANY TIME.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL VANTAGE NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR DELAY OR INABILITY TO USE, OR RELIANCE ON, THE ONLINE SITES & SERVICES, ANY LINKED SITE OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. VANTAGE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE ONLINE SITES & SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE ONLINE SITES & SERVICES IS TO CEASE TO USE THE ONLINE SITES & SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF USD $50.00. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM PROVINCE-TO-PROVINCE OR WITHIN NATIONAL JURISDICTIONS.
- Limitation of Liability for Services Arranged Through the Online Sites & Services
YOU AGREE THAT VANTAGE IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE ONLINE SITES & SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO ANY SERVICES OFFERED ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. VANTAGE HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE ONLINE SITES & SERVICES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE VANTAGE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
- User Submissions and Conditions of Use
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Online Sites & Services, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.
You are responsible for all User Submissions that you submit using or to the Online Sites & Services. Likewise, you are responsible for respecting our and third parties’ rights with respect to content that appears on the Online Sites & Services. Without limiting the foregoing, you warrant and agree that your use of the Online Sites & Services and any User Submissions shall not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, hateful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the terms and conditions of these Terms and Conditions.
- Impersonate or attempt to impersonate Vantage, a employee, director, officer, contractor or agent of Vantage, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing, or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted to or through the Online Sites & Services).
- Without our prior written consent, transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Online Sites & Services, or which, as determined by us, may harm Vantage or users of the Online Sites & Services or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
- User Submissions: Grant of License
The Online Sites & Services may contain Interactive Functions allowing User Submissions on or through the Online Sites & Services.
By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of our and their respective licensees, successors, and assigns, to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the terms and conditions set out in these Terms and Conditions.
You understand and agree that you, not Vantage nor our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Online Sites & Services.
- Monitoring, Enforcement, Suspension and Termination
We have the right, without provision of notice, to:
- Remove or refuse to post on the Online Sites & Services any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating terms and conditions of these Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Online Sites & Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Sites & Services.
- Terminate or suspend your access to all or part of the Online Sites & Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS VANTAGE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY VANTAGE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER VANTAGE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Online Sites & Services or their use, and do not and cannot undertake to review material that you or other users submit to the Online Sites & Services. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
- Prohibited Behaviour
You are prohibited from attempting to circumvent and from violating the security of the Online Sites & Services, including, without limitation:
- accessing content and data that is not intended for you;
- attempting to breach or breaching the security and/or authentication measures which are not authorized;
- restricting, disrupting or disabling service to users, hosts, servers, or networks;
- illicitly reproducing TCP/IP packet header;
- disrupting network services and otherwise disrupting the Online Sites & Services’ owner’s ability to monitor the Online Sites & Services;
- using any robot, spider, or other automatic device, process, or means to access the Online Sites & Services for any purpose, including monitoring or copying any of the material on the Online Sites & Services;
- introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attacking the Online Sites & Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
- otherwise attempting to interfere with the proper working of the Online Sites & Services.
- Linked Internet Sites
Vantage prohibits caching, unauthorized hypertext links to the pages or sites which Online Sites & Services and the framing of any Content available through the Online Sites & Services. Vantage reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the pages or sites which form part of the Online Sites & Services. Access to any other Internet sites linked to the Vantage is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Online Sites & Services. Vantage is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
All orders, purchases or transactions for the sale of goods, services, or information made using the Online Sites & Services are subject to and governed the terms and conditions of sale found in these Terms and Conditions and any other policies or terms we identify in these Terms and Conditions. If these Terms and Conditions are considered an offer, then any acceptance of these Terms and Conditions is expressly limited solely to acceptance of the terms and conditions found in these Terms and Conditions. For greater clarity, in the case of a potential purchase of products or services through or from the Online Sites & Services, these Terms and Conditions are considered an invitation to treat.
All products and services on display on the Online Sites & Services are invitations to treat and are not offers to sell. Certain products or services may have limited quantities and are subject to refund or exchange only according to our refund policy. All descriptions of products and services or product and service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Online Sites & Services (or any part or content thereof), the products or the services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Online Sites & Services, the products or the services.
We reserve the right, but are not obligated, to limit the sales of any products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are available through or from the Online Sites & Services. Any offer for any product or service made on this site is void where prohibited and is subject to our acceptance.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear problematic or concerning.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your Account Information and other information, including your email address, telephone number, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We generally do not process payment until after your order has entered the packing process or, for services, until you have requested we make the service available to you. If you are charged for the purchase and your order is cancelled, we will issue a credit to the payment method used (including for the incorrect price where applicable).
Occasionally there may be information on the Online Sites & Services that contains typographical errors, inaccuracies or omissions that may relate, but are not limited, to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Online Sites & Services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Online Sites & Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Online Sites & Services should be taken to indicate that all information on the Online Sites & Services has been modified or updated.
- Transmission of Personal Data
- Changes to Terms and Conditions
Vantage reserves the right to revise these Terms and Conditions at any time and users are deemed to be apprised of and bound by any changes to these Terms and Conditions.
- Violation of Terms and Conditions
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or device to the Online Sites & Services.
- Access to Password Protected / Secure Areas
Access to and use of password protected and/or secure areas of the Online Sites & Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Online Sites & Services may be subject to prosecution.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Vantage and our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonably incurred legal fees and expenses on a solicitor-client full indemnity basis) arising out of or relating to your breach of these Terms and Conditions or your use of the Online Sites & Services, including, but not limited to, your User Submissions, Linked Sites, and any use of the Content and the services and products available from and through the Online Sites & Services, other than use expressly authorized in these Terms and Conditions. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
- Use of “Cookie” File Features
- Jurisdiction/Governing Law
Users of the Online Sites & Services submit to the jurisdiction of the courts of the Province of British Columbia, Canada and the Online Sites & Services are governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws of Canada without regard to conflicts of laws principles, provisions or rules (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Online Sites & Services and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada in the City of Vancouver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
- Additional Agreements
These Terms and Conditions are in addition to any specific terms and conditions that apply to any specific product or service and such specific terms and conditions will take precedence in the event of a conflict between these Terms and Conditions and such specific terms and conditions.
The headings of sections contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions. For purposes of these Terms and Conditions (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms and Conditions shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
- Reporting and Contact
All notices of copyright or trademark infringement claims should be sent to email@example.com.
Should you become aware of misuse of the Online Sites & Services, including libelous or defamatory conduct, you must report it to us at firstname.lastname@example.org.
If you object to any material found on the Online Sites & Services, please bring your concerns to the attention of email@example.com. The administrator of the Online Sites & Services reserves the right to remove any material pending further investigation.
All other feedback, comments, requests for technical support, and other communications relating to the Online Sites & Services should be directed to firstname.lastname@example.org.