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TERMS OF USE

AGREEMENT BETWEEN USER AND THE CITY OF BRANDON

The City of Brandon My Community Web Site (“My Community”) is comprised of various Web pages operated by the City of Brandon (“City”).

My Community is offered to you conditional on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of My Community constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

The City reserves the right to change the terms, conditions, and notices under which My Community is offered, including but not limited to the charges associated with the use of My Community.

 

LINKS TO THIRD PARTY SITES

My Community may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the City and the City is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The City is not responsible for webcasting or any other form of transmission received from any Linked Site. The City is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the City of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of My Community, you warrant to the City that you will not use My Community for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use My Community in any manner which could damage, disable, overburden, or impair My Community or interfere with any other party's use and enjoyment of My Community. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through My Community.

 

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through my community may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The City and/or its suppliers may make improvements and/or changes in My Community at any time. Advice received via My Community should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

 

The City and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on My Community for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The City and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall the City and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of My Community, with the delay or inability to use My Community or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through My Community, or otherwise arising out of the use of My Community, whether based on contract, tort, negligence, strict liability or otherwise, even if the city or any of its suppliers has been advised of the possibility of damages. Because some province/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of My Community, or with any of these terms of use, your sole and exclusive remedy is to discontinue using My Community.

 

TERMINATION/ACCESS RESTRICTION

The City reserves the right, in its sole discretion, to terminate your access to My Community and the related services or any portion thereof at any time, without notice.

 

GENERAL

To the maximum extent permitted by law, this Agreement is governed by the laws of the Province of Manitoba, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Manitoba, Canada in all disputes arising out of or relating to the use of My Community. Use of My Community is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the City as a result of this Agreement or use of My Community. The City's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the City's right to comply with governmental, court and law enforcement requests or requirements relating to your use of My Community or information provided to or gathered by the City with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the City with respect to My Community and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the City with respect to My Community. 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. It is the express wish to the parties that this Agreement and all related documents be drawn up in English.

 

COPYRIGHT AND TRADEMARK NOTICES:

All contents of My Community are: Copyright 2017, City of Brandon, all rights reserved; and/or its suppliers, all rights reserved.

 

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement under the Canadian Copyright Act (C-42) should be sent to the City of Brandon, 410 – 9th Street, Brandon, Manitoba, R7A 6A2.

 



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