Legal

SUPERIOR GETAWAYS: WEBSITE TERMS OF USE

  1. INTRODUCTION

Superior Getaways (hereinafter referred to as “us”, “we” and/or “Company”) welcomes you to the Company Website (the “Site”).

By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the “Terms of Use” or “Agreement“) and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.

Minors or people under the age of 18 are not permitted to use this Site.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

  1. REGISTRATION AND ACCOUNT SECURITY

 Certain features and/or portions of this Site are password-protected and require you to complete a registration process in order to obtain access and/or participate. When registering with us to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Site, or any such features of the Site. It is your responsibility to keep the password provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at jasmyn@superiorgetaways.ca. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account. Any username and password that you may have for this Site are confidential and you must maintain confidentiality of same.

  1. INTELLECTUAL PROPERTY RIGHTS

The Site consists of various graphics, texts, icons and buttons that have been provided by Company and/or other entities under our direction (e.g. site designers). All such content is owned by Company and/or the applicable third party entity. For greater certainty, Company and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”).

You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of Company or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Company. For greater certainty, you agree that you will not take any action that is inconsistent with Company ownership of the Site and/or Company ownership of, or any third party’s ownership of, any Site Content. Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of Company. Company hereby grants each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and its Site Content. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Company or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by Company are the property of their respective owners, and, where used by Company are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Company ownership of, or any third party’s ownership of, the Trade-marks.

  1. CODE OF CONDUCT

Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”).

a) You hereby agree that you shall not use the Site to upload, post, communicate or otherwise submit or transmit through, or to, the Site any User Content that:

i. may, in the sole and absolute discretion of Company, degrade, tarnish or deprecate Company and/or the public image or standing in the community of Company;

ii. is deemed, in the sole and absolute discretion of Company, to be defamatory, trade libelous, pornographic or obscene;

iii. is deemed, in the sole and absolute discretion of Company, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Company or properties managed by the Company; any identifiable third party products, trade-marks, brands and/or logos, other than those of Company; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Company or the moderators in its/their sole and absolute discretion;

iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);

v. is in any way disparaging, or might be seen to be disparaging, to Company;

vi. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;

vii. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

viii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials.

b) You hereby agree that you shall not use the Site to:

i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;

ii. collect information about others without their consent; or

iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

c) Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Site or of Company systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site.

5. RESTRICTIONS

You are specifically restricted from all of the following:

a) publishing any Site material in any other media;

b) selling, sublicensing, and/or otherwise commercializing any Site material;

c) publicly performing and/or showing any Site material;

d) using this Site in any way that impacts user access to this Site;

e) using this Site contrary to applicable laws and regulations, or in any way may cause harm to the Site, or to any person or business entity;

f) engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Site; and

g) using this Site in any way that is or may be damaging to the Company.

Certain areas of this Site are restricted from being accessed from the general public and the Company may further restrict access by the general public to any area of this Site, at any time, in its absolute discretion.

  1. LICENCE GRANTED BY SITE USERS TO COMPANY

Certain features and/or portions of this Site permit you to upload, post or otherwise transmit User Content. By using any such features and/or portions and providing User Content, you are giving Company permission to forever use any User Content you submit on or through the Site.

By using the Site and providing User Content, you hereby: (i) grant to Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of Company. For greater certainty, this means that, among other things, Company has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

Without limiting the generality of the foregoing, you hereby grant to each user of the Site a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Site via any share functionality that may be available on the Site.

  1. USER WAIVERS AND REPRESENTATIONS

By using the Site and providing User Content, you hereby acknowledge, agree, warrant and represent to Company that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:

a) is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site;

b) does not violate any law; and

c) complies with these Terms of Use.

Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to Company that:

a) you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Site;

b) we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and

c) we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the Site.

8. INDEMNIFICATION BY USER

By using the Site, you hereby agree to indemnify, defend and hold harmless the Company, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, User Content, and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

  1. ACCURACY AND CHANGES

Facts and information provided by Company on the Site are believed to be accurate when placed on the Site. Images are intended only to indicate a photographic representation of the listing at the time of photograph was taken. Images are therefore not an endorsement by the Company. Changes may be made at any time to the information at this Site without prior notice. Please consult Company for complete and up-to-date information on products and services. Cottage owners are required by these Terms of Use to provide accurate information for the listings. By using this Site, you agree that any legal remedy or liability that you seek to obtain for actions, errors, or omissions by cottage owners or other third parties will be limited to a claim against the particular cottage owner or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to such errors or omissions.

  1. DISCLAIMER LIMITATION OF LIABILTIY

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER (WHETHER DIRECT OR INDIRECT) ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

  1. ELECTRONIC TRANSMISSION

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releasees do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

  1. SEVERABILITY

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

  1. VARIATION OF TERMS

We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms of Use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms of Use on the Site and will indicate at the top of this page the date these Terms of Use were last revised. Your continued access to and/or use of the Site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Use, as revised. It is your sole responsibility to regularly check the Site to determine if there have been any changes to these Terms of Use and to review such changes.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

  1. ASSIGNMENT

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. The Company may assign, transfer, and subcontract its right and/or obligations under these Terms of Use without any notification.

  1. ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between the Company and you in related to your use of this Site, and supersede all prior agreements and understandings.

  1. TERMINATION

If you breach any provision of these Terms of Use or Privacy Policy, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

  1. GOVERNING LAW AND JURISDICTION

These Terms of Use will be governed by and interpreted in accordance with the laws of the Province of Ontario. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of this Site, or any related matters.

 SUPERIOR GETAWAYS: PRIVACY POLICY
LAST UPDATE OF THIS PRIVACY POLICY – January 2017

BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Privacy Policy is applicable to Superior Getaways (herein known as “Company”) and sets out our policy on the gathering and use of information on this site and our other sites (collectively “Sites”). The Company is committed to providing a safe web site for visitors and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. The Company complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

There may be links from our Site to other web sites; note that this Privacy Policy applies only to our Site and not to web sites of other companies or organizations to which our Site may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites.

Although you are not required to register to access our Site, you may be asked to provide us with personal information when you visit certain sections of our Site. Your use of our Sits signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our Site. Your continued use of the Site signifies your acceptance of these terms and any changes in effect at the time of use.

COLLECTION OF PERSONAL INFORMATION

Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.

We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, Contact Us forms and the like. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.

HOW DOES COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?

Before forwarding us any personal information, please be advised that any information gathered on our Site may be used in the aggregate for research and development relating to our Site and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Site to your needs by collecting information about your preferences through tracking of patterns page views on our Site; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.

PROMOTIONAL AND INFORMATIONAL OFFERS

With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors’ information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us at jasmyn@superiorgetaways.ca.

DISCLOSURE OF INFORMATION

The Company will not disclose personal information that you provide on its Site to any third parties other than to a Company agent except: i) in accordance with the terms of this Privacy Policy, or ii) to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event/side effect, in which case the Company may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities. Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

COOKIES

The Company, in common with many web site operators, may use standard technology called “cookies” on its Site. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Site may not function properly if you do so.

PROTECTION OF CHILDREN ONLINE

The Company considers the protection of children’s privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Site or help-seeking information lines.

ADDITIONAL TERMS FOR CERTAIN WEBSITES

The following additional information applies to our Site that require registration. Generally, you are not required to provide personal information as a condition of using our Site, except as may be necessary to provide you with a product or service that you have requested. However, some areas of our Site are restricted to certain individuals (such as cottage owners) and we may require these individuals to register upon entry by providing us with certain information.

PROTECTION OF INFORMATION:

Our Commitment to Security

We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.

Storage of Information:

Personal information you share with us is stored on our database servers at Company data centres, or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy.

POLICY CHANGE:

If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it.

ACCEPTANCE OF OUR PRIVACY POLICY:

By using this Site or any other The Company Site or interactive banner ads, you signify your acceptance of our Privacy Policy, and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy.