(Revised March 13, 2015)
Acceptance of Terms
The term "Tofino Trails" or "us" or "we" refers to El Chango Media Inc., the owner of the Website. The term "you" refers to the user or viewer of our website.
- SET FORTH THE ENTIRE AGREEMENT REGARDING ALL THE SUBJECTS WE NOTE HEREIN. IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNLAWFUL, VOID, OR UNENFORCEABLE, IT WILL BE ENFORCED TO THE MAXIMUM LEGAL EXTENT POSSIBLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER PROVISION.
You must be 19 years or older to sign up for an account or post reviews to the Website. We reserve the right to reject submissions deemed to be in violation of this policy, or any incomplete or illegal submissions. We reserve the right to change this policy at any time, without notice.
4. Your Account
If you use the Website or its services, you represent and warrant that all information you supply to www.tofinohiking.com is complete and accurate. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the Website. By using the Website, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address and other contact information. We reserve the right to place any account on hold at anytime (with or without notification to you) in order to protect us from what we believe to be fraudulent activity. We and our affiliates reserve the right to refuse service, terminate accounts, and remove or edit content in their sole discretion.
5. Intellectual Property
All content and data included on the Website, including but not limited to graphics, text, logos, button icons, and software, is the property of Tofino Trails, or its suppliers and is protected by Canadian and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. The content of this website is in no way intended to substitute for professional advice.
You agree not to employ derivative use of this site or its contents; download or copy any account information for the benefit of another merchant; decompile, reverse engineer or disassemble any software, products or processes accessible through the Website; to insert any code or manipulate any content; and to use data mining, data gathering or any other extraction methods.
You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our the express written consent. Any unauthorized use shall immediately terminate the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us, our dealers, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link our without expressed written permission.
www.tofinohiking.com is a trademark of Tofino Trails. Tofino Trails's trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tofino Trails or www.tofinohiking.com. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tofino Trails Any images of persons or personalities contained on the Website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
You hereby authorize Tofino Trails to collect and retain all relevant information relating to the use of the Website. You further authorize any third party to provide Tofino Trails with such information. This consent is effective immediately and does not expire.
We respect the intellectual property rights of others and we may prohibit users from uploading, posting or otherwise transmitting on www.tofinohiking.com any materials that violate another party's intellectual property rights. When we receive notification of copyright infringement material, we may investigate and if need be remove the allegedly infringing material. We reserve the right to terminate the account of any offender in accordance with our Offender Policy and applicable law. If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to email@example.com.
6. Web Site Content
The Website may offer summaries, reviews, directions, instructions and user comments pertaining to the services and information we distribute and provide. Under no circumstances shall Tofino Trails, its affiliates or their shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website. The information provided on the Website is for reference only and no endorsement or any third party services of products is generated or inferred by any data, information or content included or referred to or linked from this web site. We do not warrant that any trail descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
Some hyperlinks on the Website may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer. It is your responsibility to verify any information contained within linked sites before relying on it. The information contained in such links may also be changed or updated at any time without notice. Linked sites may have their own terms and conditions that you should review.
You acknowledge and agree that Tofino Trails is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
7. Right to Terminate
We reserve the right to modify, terminate or restrict, temporarily or permanently, the terms herein, without notice, for any or no reason.
In the event of termination, you are no longer authorized to access this Website, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth herein shall survive termination.
You can cancel your account by contacting customer support at firstname.lastname@example.org.
8. Electronic Communications
By registering for an account, you agree to receive electronic communications from us. These communications may include information about your account, like e-mails or information related to products, services and features. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.
By using the Website, you agree (i) not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with the Website; (ii) not to interfere in any way with the servers or networks connected to the Website; (iii) not to violate any of the procedures, policies, or regulations of networks connected to the Website, the terms of which are incorporated herein; and (iv) not to conduct yourself in an offensive manner while using the Website, impersonate any other person while using the Website, or use the Website for any unlawful purpose.
10. User Reviews and Other Content
Users may post or submit reviews, comments, suggestions, ideas, questions, or other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Such posts or submissions shall not consist of or contain software viruses, political campaigning, commercial or other charitable solicitation, promote contests, club memberships, chain letters, promote criminal activity or enterprise, mass mailings, advertising or any form of "spam." You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through www.tofinohiking.com without the Tofino Trails' express written consent. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right (but not the obligation) to remove or edit such content. We are free to use any comments, information, ideas, concepts, reviews or techniques or other material you may send to us (without acknowledgement or compensation) for any purpose.
If you do post content or submit material, and unless we indicate otherwise, you grant Tofino Trails, its subsidiaries and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tofino Trails, its subsidiaries and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (i) you own or otherwise control all of the rights to the content that you post; (ii) that the content is accurate; (iii) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iv) that you will indemnify Tofino Trails, its subsidiaries and its affiliates for all claims resulting from content you supply. Tofino Trails has the right, but not the obligation, to monitor, edit, refuse, block or remove any activity or content for any reason whatsoever. Tofino Trails, its subsidiaries and affiliates take no responsibility and assumes no liability for any content posted by you or any third party.
All comments, feedback, e-mail, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Tofino Trails on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "Comments") shall be and remain Tofino Trails' property. Such disclosures, submission or offer of any Comments shall constitute an assignment to Tofino Trails of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
11. Blogs and other Submissions
11. Offender Policy
In accordance with applicable laws, we have adopted a policy of terminating, in appropriate circumstances or at our sole discretion, accounts of users who are deemed to be offenders of our Intellectual Property policy. We may also at our sole discretion limit access to the Website and any of its services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Inappropriate Content
We do not allow its users to submit or share certain type of inappropriate content including but not limited to any content or information that is obscene, pornographic, sexually explicit, racist, abusive or that may be seen harmful by any of our users or visitors.
13. Limitations on Liability
THE CONTENTS OF THE WWW.TOFINOHIKING.COM WEBSITE AND THE PRODUCTS AND SERVICES WE DELIVER ARE PROVIDED "AS IS" AND YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR ANY DELAYS, INTERRUPTIONS OR FAILURES IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, TOFINO TRAILS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE PRODUCTS WE DELIVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.
IN NO EVENT SHALL TOFINO TRAILS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, YOUR ACCOUNT, OR ANY PRODUCTS, ANY SERVICES OR THE INFORMATION ON OUR WEBSITE. IN NO EVENT SHALL TOFINO TRAILS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY OF ITS SERVICES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOFINO TRAILS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOFINO TRAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE.
14. Indemnity and Waiver
15. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any materials, products, portion of the Website, use of the Website or services therein, or access to the Website.
Tofino Trails shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
To Contact Tofino Trails