Ottawa Mini Club of Canada (the "Club") Website Conditions of Use

THE OTTAWA MINI CLUB OF CANADA IS NOT AFFILIATED WITH NOR ENDORSED BY BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT ("BMW AG"), BMW CANADA, INC., BMW OF NORTH AMERICA, LLC OR ANY OTHER AFFILIATE OR SUBSIDIARY OF BMW AG (COLLECTIVELY, "BMW"). RIGHTS TO THE TRADEMARKS OF BMW ARE NEITHER CLAIMED NOR IMPLIED. 

NOTICE. PLEASE READ THESE CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THESE CONDITIONS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

Copyright © 2002-2005 Ottawa Mini Club of Canada. All rights reserved.

ELECTRONIC COMMUNICATIONS

When you visit www.ottawaminiclub.ca, or any pages thereof, or send e-mails to the Club, you are communicating electronically. You consent to receive communications from the Club electronically. The Club will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that the Club provides to you electronically satisfies any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, documents, notes, pictures, images, brochures, graphics, button icons, audio clips and data compilations, is the property of the Club or its content suppliers and protected by Canadian and international intellectual property laws. The compilation of all content on this site is the exclusive property of the Club and protected by Canadian and international copyright laws.

TRADEMARKS

"Mini", "Mini Cooper", the "Mini logo" and "BMW" are the trademarks of Bayerische Motoren Werke Aktiengesellschaft and may be registered in certain jurisdictions. "The Weather Network", The Weather Network WeatherButton and the Weather Network logo are the trademarks of Pelmorex Communications, Inc. and may be registered in certain jurisdictions. The other Club marks, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Club. The Club trademarks and trade dress may not be used in connection with any product or service that is not the Club's, in any manner that is likely to cause confusion among users or in any manner that disparages or discredits the Club. All other trademarks not owned by the Club that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Club.

LICENSES AND SITE ACCESS

The Club grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Club. This license does not include any resale or commercial use of this site or its contents, any derivative use of this site or its contents, or any use of data mining, robots, spiders, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without express written consent of the Club. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Club without express prior written consent from the Club. You may not use any metatags or any other "hidden text" utilizing the Club’s name or trademarks without the express written consent of the Club. Any unauthorized use terminates the permission or license granted by the Club. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Club so long as the link does not portray the Club, its affiliates or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not "deeplink" to any page within this site, other than the homepage. You may not use any Club logo or other proprietary graphic or trademark as part of the link without express written permission.

By submitting anything to the Club (including, without limitation, pictures of your Mini), you grant the Club an irrevocable, perpetual and royalty-free license to reproduce, copy, publish, display, broadcast, distribute, transmit and/or otherwise use such submission, in whole or in part, for promotional purposes including without limitation, advertising, publicity, display, exhibition and editorial use and other purposes of trade, in all territories and in all manner or media including, without limitation, electronically generated images and the Club’s website(s), alone or together with other materials. You waive all moral rights in and/or to your submission.

PRIVACY

The Club is committed to protecting your privacy. The Club’s goal is to collect, use and disclose only that information reasonably required to enable the Club to administer the website, to make your visit as enjoyable as possible and/or to respond to your inquiries or feedback. If you have provided the Club with contact information, the Club will maintain the confidentiality of your contact information and use it only for the purposes for which the Club has collected it, unless you agree that the Club may disclose it to other third parties (subject to the exclusions listed below).

For kids under age 13, please do not provide any personally identifiable information (e.g. name, address, email address) without the knowledge and permission of your parent or guardian. If the Club learns that you are under 13, the Club will not maintain any personal information (except as permitted by law) without the verifiable consent of your parent or guardian. This may result in not being able to participate in some of the activities on the Club’s website.

The information you post, or offer to be posted, in message or bulletin boards or within the Gallery, is available to others outside of the website. Please remember that whenever you disclose personal information publicly, you may receive unsolicited messages from other parties in return. Also, any information you transmit online will be made public and the Club cannot control nor is the Club responsible for the use any third parties may make of such information.

While the Club does its best to protect your personal information, the Club cannot ensure or warrant the security of any information you transmit and you do so at your own risk. The Internet is not a secure medium of communication and privacy cannot be assured. The Club cannot assume any responsibility, nor will the Club be liable, for any damages you or a third party may suffer as a result of the transmission of any information that you make to the Club through the Internet, or as a result of any posting or communication made via this web site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY THE CLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CLUB DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THE CLUB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CLUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LINKS

The Club makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Club web site, these sites are independent from the Club and the Club has no control over the content on those sites. In addition, a link to a non-Club web site does not mean that the Club endorses or accepts any responsibility for the content, or use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

INDEMNITY
You agree to indemnify and hold the Club, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this site or its contents, including, without limitation, your violation of these Conditions of Use or your violation of any rights of another.

COOPERATION WITH AUTHORITIES

The Club reserves its rights to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Conditions, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on the Club’s servers and network. Violations of these Conditions may also subject you to criminal or civil liability or other legal action. You consent to and authorize the Club, its affiliates and agents to cooperate with (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law, and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Conditions. Such cooperation may include provision of usernames, IP addresses, or other identifying information. The Club may terminate, without notice, your access and use of the site if, in the Club’s sole discretion, you have violated these Conditions.

CHANGES

The Club reserves the right to change these Conditions at its sole discretion and without notice. Changes are effective on the date they are posted. The Club recommends that you print a copy of these Conditions for future reference and revisit these Conditions from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed Conditions.

APPLICABLE LAW

By visiting www.ottawaminiclub.ca, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Club.

DISPUTES

Any dispute relating in any way to your visit to www.ottawaminiclub.ca, or any page thereof, shall be submitted to confidential arbitration in Ottawa, Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate the Club's intellectual property rights, the Club may seek injunctive or other appropriate relief in any court in the Province of Ontario and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.