Terms of Use
This Site (defined below) is offered by [The Developers of River Springs Grove] for use by individuals who are invited by McGowan Russell Group Inc. to use the Site. The Developers of River Springs Grove (“The Developers,” or “we”), operates and hosts the Site for the benefit of McGowan Russell Group Inc..
McGowan Russell Group Inc. and The Developers welcome you to McGowan Russell Group Inc.’s community engagement portal at https://rsgconsultation.ca (the “Site”). While all of the questions, surveys, and other Content (defined below) on the Site is provided and controlled by the McGowan Russell Group Inc. or other individuals invited by the McGowan Russell Group Inc. to use the Site, The Developers own and operates the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with McGowan Russell Group Inc. and other interested parties.
These Terms of Use (“TOU”) contain important terms and conditions that describe your rights and obligations and describe how you can use the Site. Please read these terms of use carefully. You are offered access and use of the Site only on the terms and conditions set forth in this TOU. By accessing and using the Site, and regardless of whether you register on the Site, you agree to the TOU.
GENERAL TERMS
CONTENT
- When we use the term “Content,” we mean any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the site. Content is provided by McGowan Russell Group Inc. and other users of the Site. BTT does not create, upload or provide any Content you see on the Site. Any Content that you provide to the Site is “Your Content.” As between you and the Developers, you own Your Content. McGowan Russell Group Inc. may have additional rights to use Your Content.
- You have no expectation that your Content will be published on the Site.
- You also acknowledge and agree that we and our designated agents have the right (but not the obligation), in our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in our sole discretion, any Content. In some cases, McGowan Russell Group Inc. has the right to review and approve Content before it is included on the Site. Note that neither we nor McGowan Russell Group Inc. edit your Content.
- “Linked Content” is any content, materials, or website other than the Site that you may directly visit through a link found on the Site. The Site may contain links to Linked Content. The Developers do not endorse or assume any responsibility for any such Linked Content, or any information, materials, products, or services found or offered on or through Linked Content. If you access Linked Content from the Site, you do so at your own risk, and you understand that these Terms of Use and the The Developers Privacy Policy do not apply to your use of such Linked Content. You expressly release The Developers from any and all liability arising from your use of any Linked Content, the Site, or Content.
- When you access and use this site, information submitted by you will belong to the data controller (McGowan Russell Group Inc.). This information may include personal data (e.g. your name, address, contact details etc.). The Developer’s role is to process this data on behalf of the data controller. Processing means (among other things): ensuring this website runs properly, that your data is securely stored and is available to the controller so that they can effectively manage the site and your input.”
PRIVACY POLICY
Use of the Site by you, including our collection of Registration Data and other personal information about you, is subject to our Privacy Policy, which governs how The Developers and McGowan Russell Group Inc. use your personal information. For more information, please see our full privacy policy here.
USER CONDUCT
You understand and agree that:
- all Content is the sole responsibility of the person who made the Content available, and you are solely liable and responsible for Your Content;
- you are prohibited from advertising or offering to sell or buy any goods or services on the Site.
you shall not:
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- post Content that: (a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) violates applicable law or is illegal; or (c) violates any third-party’s right, including the right to privacy;
- transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” surveys, contests or any other form of solicitation;
- transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- transmit Content that harms minors in any way;
- impersonate any person or entity, including without limitation another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- create a false identity for the purpose of misleading others as to your identity or the originator of a message;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site
- you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content.
- Your Content will be seen by McGowan Russell Group Inc. and may be made publicly available on the Site or elsewhere. Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws.
- The Site gives you the opportunity to engage and communicate with third-parties, including the McGowan Russell Group Inc.. You acknowledge and agree that your communications with McGowan Russell Group Inc. and any third-parties via the Site are solely between you and McGowan Russell Group Inc. and the relevant third parties.
MODIFICATIONS AND DISCONTINUANCE
Both The Developers and McGowan Russell Group Inc. reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.
ISSUES
If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact the McGowan Russell Group Inc. at [email protected](External link).(External link)
DISCLAIMERS
The Developers offer the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind. We make no representation or warranty that the Site will be uninterrupted, timely, secure, or error-free. To the fullest extent allowed by applicable law, we expressly disclaim all warranties of any kind arising from or related to the site or content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
INDEMNITY AND RELEASE
You shall indemnify and hold The Developers and its subsidiaries, affiliates, officers, agents, and other partners, and employees harmless from, and at The Developer’s request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) your interactions or relationship with McGowan Russell Group Inc.; and (c) your violation of any other’s rights or applicable law.
COPYRIGHT
- When using the Site you may provide Content to the Site. You retain your rights to your Content.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS BTT, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (“RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
CHANGES
The Developers may change the TOU from time to time without prior notice to you, (though we will alert McGowan Russell Group Inc. to the change) and we will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU will be to cease all access and use of the Site.
GENERAL INFORMATION
- The TOU and The Developer’s Privacy Policy constitute the entire agreement between you and The Developers and govern your use of the Site.
- Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.
- If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then such provision is deemed deleted, but the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
- Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission, and which may be withheld in our absolute discretion.
- Headings in the TOU are for convenience only and do not affect interpretation.