1. Assent to Agreement. This Website Terms of Use Agreement
("Agreement") governs your access to and use of the Website accessible
at the domain name www.atcotravel.com
, www.atcotravel.ca,
www.atcovacations.ca
and www.plusforegolf.ca
along with all of its corresponding pages (collectively, the "Site")
and the content of the Site (the "Content"). The Site is owned and
operated by ATCO Travel. ("ATCO Travel") and this Agreement is between
ATCO Travel and any party accessing or otherwise using the Site or the Content
(the "User," also referred to herein as "you," "your,"
etc., and if the User is accessing or using the Site or the Content for any
reason other than personal, individual use, then "you," "your,"
etc., also means the company, or other entity, that such party is accessing
or using the Site and/or Content on behalf of, and its officers, directors,
members, employees, agents, contractors, successors and assigns). By accessing
and/or using the Site, you acknowledge, and assent to be bound by the policies,
terms and conditions set forth herein in their entirety without limitation or
qualification, as well as all applicable laws and regulations, as if you had
handwritten your name on a contract.
2. License and Restrictions on Use.
a. Intellectual Property. All Content, including but not limited
to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer
programs and other material and information contained on, or utilized in the
ATCO Travel of, the Site is the property of ATCO Travel or its content suppliers
and is protected by copyrights, trademarks, trade secrets, or other proprietary
rights, and such rights are valid and protected in all forms, media, and technologies
existing now or hereinafter developed. The Content is protected as a collective
work under Canadian Copyright Law and international treaties. ATCO Travel owns
a copyright in the selection, coordination, arrangement and enhancement of such
Content as well as the copyright and other protection available to individual
aspects of the Content.
b. License. ATCO Travel hereby grants you a limited, non-exclusive,
non-transferable personal license to use the Site and the Content for personal
(if the User is an individual) or internal business (if the User is other than
an individual), informational purposes only. You may print and/or download and
store the Content for non-commercial, personal or internal business use (as
applicable) only, provided that you retain all copyright and other proprietary
notices contained on the Content. This license is conditioned on your continued
compliance with the terms and conditions in this Agreement.
c. Restrictions. Except as expressly authorized herein or otherwise
authorized by ATCO Travel in writing, you may not use, copy, distribute, modify
or create derivative works from, disclose, display, transmit, or post the Content
for any purpose, or in any way exploit any of the Content, in whole or in part.
You may not use any meta tags or any other "hidden text" using ATCO
Travel's name or trademarks on your website or otherwise, without the express
written consent of ATCO Travel. All rights not expressly granted herein are
reserved to ATCO Travel and/or its licensors. You acknowledge and agree that
if you exploit or use the Site or the Content in any unauthorized manner, ATCO
Travel will be damaged in an amount that is difficult or impossible to measure
and that ATCO Travel is entitled, as its non-exclusive remedy, to an injunction
prohibiting such continued unauthorized use, an accounting and disgorgement
of any profits you receive from such use, and other equitable relief.
3. Trademarks. "ATCO Travel" and "ATCO Travel.COM"
are trademarks of ATCO Travel. All other marks, names, and logos mentioned on
the ATCO Travel site are the property of their respective owners. Your use of
the ATCO Travel trademarks and other marks, names and logos set forth on the
Site without prior written consent is strictly prohibited.
4. Your Representations and Warranties. You represent, warrant and
covenant that: (a) you understand and agree that this Agreement is a legally
binding agreement and the equivalent of a signed, written contract; (b) you
will use this Site and the Content only in a manner consistent with all laws
and regulations and in accordance with the terms and conditions of this Agreement;
(c) you will not impersonate any person or entity, misrepresent any affiliation
with another person, entity, or association, use false IP addresses or headers,
or otherwise conceal your identity from ATCO Travel for any purpose; (d) you
will not use the Services for any purpose other than their intended purpose
and for your personal or internal business needs (as applicable) (e) you will
not disseminate or transmit any unsolicited commercial e-mail messages (SPAM),
chain letters, bots, spiders, crawlers, or other repetitive information collection
or distribution devices (and you will use reasonable efforts to prevent others
from doing the same); (f) you will not export, re-export, download or transmit
any message or content in violation of any export law, regulation or restriction
of the Canada and its agencies or authorities; (g) you will not take any action
which may significantly diminish the Site or ATCO Travel's ability to provide
the same; (h) you will not attempt to discover, use, copy or modify the information
or materials of others or in any way violate their privacy or security; (i)
any materials and information you post to the Site does not and will not contain
any illegal or otherwise inappropriate material, including but not limited to,
pornographic, obscene or offensive text, graphics or images or any virus, time
bomb, Trojan horse, or other like material; and (j) you shall not use the Site
or the Content in any manner that is patently offensive to the online community,
including but not limited to posting information or material that includes pornography,
or that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;, or that could be harmful to minors or that harasses
or advocates harassment of another person.
5. Disclaimer of Warranties. You expressly agree that use of
the ATCO Travel site is at your sole risk. Neither ATCO Travel, nor its affiliates,
nor any of their officers, directors or employees, agents, third-party content
providers, or licensors, or the like, warrant that the Site will be uninterrupted
or error-free; nor do they make any warranty as to the results that may be obtained
from the use of the Site, or as to the accuracy, completeness, reliability,
security or currency of the Content. The Content may contain errors, omissions,
inaccuracies, or outdated information. Further, ATCO Travel does not warrant
reliability of any advice, opinion, statement or other information displayed
or distributed through the Site. ATCO Travel reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the Site and
to make any other changes to the Site, the Content and the products, programs,
services or prices (if any) described in the Site at any time without notice.
THIS SITE AND THE CONTENT ARE PROVIDED BY ATCO Travel ON AN "AS IS,"
AND "AS AVAILABLE" BASIS. ATCO Travel MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE CONTENT,
OR THE USE, OPERATION, ACCURACY, OR AVAILABILITY, OF THE SAME. ATCO Travel EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE;
THE CONTENT; AND ANY OTHER INFORMATION, MATERIAL, GOODS, PRODUCTS OR SERVICES
OFFERED, SOLD, OR DISPLAYED ON THE SITE; OR YOUR USE OF THE SAME, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF OR AGAINST INTERFERENCE WITH THE ENJOYMENT
OF THE INFORMATION, ACCURACY, COMPATIBILITY, INTEGRATION, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
6. Limitation of Liabilities. YOU AGREE THAT ATCO TRAVEL AND
ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND,
INCLUDING, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION
OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE CONTENT,
ANY OTHER INFORMATION, MATERIALS, PRODUCTS, OR SERVICES OFFERED, SOLD, OR DISPLAYED
ON THE SITE, YOUR USE OF OR INABILITY TO USE THE SAME, OR OTHERWISE IN CONNECTION
WITH THIS AGREEMENT, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, AND WHETHER ATCO Travel OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT WILL RELIEVE ATCO Travel OF
ANY LIABILITY FOR ANY WILLFUL OR INTENTIONAL MISCONDUCT.
IN ALL OTHER CIRCUMSTANCES ATCO Travel's TOTAL AGGREGATE LIABILITY TO YOU OR
ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).
7. Indemnifications. You agree to indemnify, defend, and hold
harmless ATCO Travel, its affiliates, and their officers, directors, agents,
employees and third party content providers or licensors from and against any
and all claims and expenses, including reasonable attorneys' fees, arising out
of or related in any way to your use of the Site or the Content, violation of
this Agreement, violation of any law or regulation, or violation of any proprietary
or privacy right.
8. Privacy. ATCO Travel agrees to treat your private information
in accordance with the terms of our then current privacy policy, which is incorporated
herein for all purposes, and which is available for review at or by sending
an e-mail request to: Deb Atkinson
(deb.atkinson@atcotravel.com).
9. Choice of Law. This Agreement will in all respects be governed by,
interpreted, and enforced in accordance with the laws of Canada and the Province
of Alberta . Any dispute between ATCO Travel and you relating in any way to
the Site, the Content, your use of the same, or otherwise regarding this Agreement
will be venued in a Provincial or Federal court situated within the Province
of Alberta, and you irrevocably submit yourself to the personal jurisdiction
of such courts for such purpose. ATCO Travel makes no representation that the
Site or the Content are appropriate or available for use by Users located outside
of the United States and access to the Site and the Content from territories
where the Content is illegal is prohibited.
10. Term and Termination. The license granted herein shall
begin on the date you first access the Site and continue perpetually unless
ATCO Travel terminates such license. Without limiting any other remedies ATCO
Travel may have at law or in equity, ATCO Travel may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate the license granted under
this Agreement if you fail to comply with any term or condition of this Agreement
or otherwise in ATCO Travel's discretion, for any or no reason. Upon termination
of this Agreement, you agree to immediately cease access to and use of the Site
and the Content and to promptly destroy all copies of the same that you may
have downloaded, printed, stored or otherwise retained.
11. Hyperlink Disclaimers. As a convenience to you, ATCO Travel
may provide, on the Site, links to Web sites operated by other entities (collectively
the "Linked Sites"). If you use any Linked Sites, you will leave the
Site. If you decide to ATCO Travel any Linked Site, you do so at your own risk
and it is your responsibility to take all protective measures to protect your
personal information, guard against viruses or other destructive elements, and
otherwise protect your rights. Linked Sites, regardless of the linking form,
are not maintained, controlled or otherwise governed by ATCO Travel. The content,
accuracy, opinions expressed and other links provided by Linked Sites are not
investigated, verified, monitored, or endorsed by ATCO Travel. ATCO Travel does
not endorse, make any representations regarding or warrant any information,
goods and/or services appearing and/or offered on any Linked Site. Links do
not imply that ATCO Travel sponsors, endorses is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links, or that any Linked Site
is authorized to use any trademark, trade name, logo or copyright symbol of
ATCO Travel or any of its affiliates or subsidiaries. Except for links to information
authored by ATCO Travel, ATCO Travel is neither responsible for nor will it
be liable under any theory based upon (a) any Linked Site; (b) any information
and/or content found on any Linked Site; or (c) any site(s) linked to or from
any Linked Site. If you decide to ATCO Travel any Linked Sites and/or transact
any business thereon, you do so at your own risk. ATCO Travel reserves the right
to discontinue any link to the Linked Site at any time without prior notice.
Please contact the web masters of any Linked Sites concerning any information,
goods and/or services appearing thereon.
12. Entire Agreement. This Agreement constitutes the entire
agreement between ATCO Travel and you with respect to the Site and the Content
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between you and ATCO Travel with respect
to the same. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. If for any reason a court of competent jurisdiction
finds any ATCO Travel of the Agreement or portion thereof, to be unenforceable,
that ATCO Travel shall be enforced to the maximum extent permissible so as to
affect the intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default.
13. Modifications to Agreement. ATCO Travel reserves the right
to modify any of the terms of this Agreement at any time by posting such modification
on the Site. The version of this Agreement available on the Site at the time
you ATCO Travel the Site or download, print or otherwise use the Content shall
apply to such ATCO Travel or use, whether or not you have actually returned
to this Agreement to review any modifications.
14. Our Policy Concerning Children. ATCO Travel's services are not
intended for use by children. If you are under 13, you may not submit or post
any information or material on the Site or otherwise provide such information
to ATCO Travel, including but not limited to personally identifiable information.
15. Electronic Communications and Electronic Signatures. You agree
to be bound by any affirmation, assent or agreement you transmit through the
Site, including but not limited to any consent you give to receive communications
from ATCO Travel solely through electronic transmission. You agree that, when
in the future you click on an "I agree", "I consent" or
other similarly worded "button" or entry field with your mouse, keystroke
or other computer device, your agreement or consent will be legally binding
and enforceable and the legal equivalent of your handwritten signature.
Thank you for reading our Website Terms of Use, if you have any questions about
any of the Terms of Use, please contact (403) 292-7474.