2nd Cole Harbour Group

Bring on the Adventure

2nd Cole Harbour Group Web Site

Terms of Use Agreement and Copyright Statement

Effective December 7, 2007

Terms & Conditions

Please read these terms and conditions carefully before using this web site. By using this site, you or the entity you are authorized to represent ("you" or "your") signify your agreement to these terms and conditions of use. You must agree to these terms and conditions in order to use the 2nd Cole Harbour Group web site. Please read this document carefully. if you do not agree to all of the terms and conditions of this agreement, do not use this site.

2nd Cole Harbour Group may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the 2nd Cole Harbour Group web site because your continued usage of the aforementioned web site (the homepage of which is at http://www.2ndcoleharbour.ca/) ("2nd Cole Harbour Group web site," or the "web site,") after any changes to these Terms and Conditions will mean you accept those changes.

Section 1. Privacy Policy

Our Privacy Policy conforms with Section 12000 - Personal Information Protection from the Scouts Canada Bylaw, Policies and Procedures (BP&P). Where there is a difference between this Privacy Policy and BP&P, the later is presumed to have effect provided that the difference does not contravene PIPEDA or other Canadian federal or provincial laws.

Please read our online Privacy Statement completely before using or submitting information via this web site.

Section 2. Use of Content -- Copyright

Upon acceptance of these Terms and Conditions, 2nd Cole Harbour Group authorizes you to view or download a single copy of the material on this web site solely for your personal, informational and noncommercial use, provided that you retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of the 2nd Cole Harbour Group web site. Elements of the aforementioned site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the 2nd Cole Harbour Group web site may be copied or retransmitted unless expressly permitted by.

If you have a question about this statement, contact the Group Administrator by mail at the above address. You can also contact us at this address if you have a question about 2nd Cole Harbour Group's handling of your information, if you wish to obtain a copy of information you have provided to us, or if you become aware that information you have provided is incorrect and would like us to correct it. Before we can provide information or correct any inaccuracies, however, we may ask you to verify your identity and other details that will help us to respond to your request. We will endeavour to respond within a reasonable timeframe.

The contents of the 2nd Cole Harbour Group web site ("Content"), such as text, graphics, data, images, software and other material are protected by copyright and other laws in Canada, the United States, and other countries, and title to the Content shall not pass to you or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by 2nd Cole Harbour Group, use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

Content is subject to change without notice at the editorial discretion of 2nd Cole Harbour Group. If You violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 3. Access to 2nd Cole Harbour Group information through the web site

The 2nd Cole Harbour Group web site provides access to certain services for the purpose of retrieving information and data regarding 2nd Cole Harbour Group's services ("Information"). Subject to compliance with each of the terms of this Agreement, 2nd Cole Harbour Group agrees to permit you to access for the sole purpose of obtaining Information.

Section 4. 2nd Cole Harbour Group's Liability -- Disclaimer of Responsibility for Damages

2nd Cole Harbour Group makes no representations about the results to be obtained from using the said web site, the Information or the Content. The use of same is at Your own risk.

When using the 2nd Cole Harbour Group web site, information and content will be transmitted over a medium which is beyond the control and jurisdiction of 2nd Cole Harbour Group and its suppliers. accordingly, 2nd Cole Harbour Group assumes no liability for or relating to the delay, failure, interruption or corruption of any content or information.

The 2nd Cole Harbour Group, the information and the content are provided on an "as is" basis without any warranties of any kind. 2nd Cole Harbour Group, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. 2nd Cole Harbour Group, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the content, information, software, text, graphics, links, or communications provided on or through the use of the said web site.

In no event shall 2nd Cole Harbour Group, its licensors, suppliers or any third parties mentioned at the 2nd Cole Harbour Group web site be liable for any damages or penalties whatsoever (including, without limitation, incidental indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the 2nd Cole Harbour Group web site or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Sixty Plus Designę is advised of the possibility of such damages. 2nd Cole Harbour Group shall be liable to you only to the extent of actual damages incurred by you. The remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.

Section 5. Indemnity

You agree to defend, indemnify and hold 2nd Cole Harbour Group, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content in a manner that violates or is alleged to violate these Terms and Conditions.

Section 6. Compliance With Law Including Export Control

You agree in utilizing the 2nd Cole Harbour Group web site, Information and Content. You will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.

Canada, the United States, and certain other jurisdictions control the export of products and information. You agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under Canada, the United States, or other applicable export control laws or regulations. By downloading the Content (including Software), You are representing that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).

Section 7. General

2nd Cole Harbour Group makes no claims the Content is appropriate or may be downloaded Canada. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If You access the 2nd Cole Harbour Group web site from outside Canada, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.

Section 8. Jurisdiction

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE 2nd Cole Harbour Group WEB SITE, INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY PROVINCIAL, STATE OR FEDERAL COURT SITTING IN THE UNITED STATES OF AMERICA OR INTERNATIONAL CONCERNS AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE PROVICED FOR UNDER THE APPLICABLE LAWS. IN ANY SUCH ACTION OR PROCEEDING YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 9. Complete Agreement

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND 2nd Cole Harbour Group, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND 2nd Cole Harbour Group WITH RESPECT TO THE USE OF THE 2nd Cole Harbour Group WEB SITE, AND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED THEREIN.