Terms & Conditions

www.theheartofontario.com

Access to and use of all or any part of this website (the “Site”) is conditional upon your continued acceptance of and compliance with the following provisions.

As a condition of Registering to access this Site, we will be asking you to acknowledge that you have read, understood, accept and will comply with these Terms of Use. If you decline, you may still access the site as an Anonymous User but that may limit what you can do on the site.

This Site is operated by Hamilton Halton Brant Regional Tourism Association (HHBRTA.) If you have any questions please contact Hamilton Halton Brant Regional Tourism Association, 201-605 James Street North, Hamilton, Ontario L8L 1J9 or call 1-905-297-0190.

Disclaimer – Links to Other Third Party Websites

This Site contains links to other websites that are created and maintained by, and are under the control of, third parties other than HHBRTA. Those third parties are solely responsible for the information contained within their respective sites. The operators of such sites may impose their own terms of use in connection with access to and use of their sites. It is your responsibility to inform yourself of and to abide by those terms of use.

Any specific comment or inquiries regarding those sites should be directed to the operators of those sites.

HHBRTA does not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints expressed at, such sites. In providing links to such sites, HHBRTA is in no way acting as a publisher of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over such sites. HHBRTA has not reviewed, and does not endorse or recommend any of the operators, products, events, services or facilities that may be listed on such sites, and any reliance by you on such listings shall be at your sole risk. A reference or listing on such sites shall not be interpreted as any kind of endorsement or guarantee by HHBRTA of availability or quality of the events or facilities, or of the accuracy of the information concerning such events or facilities.

A link to another site should not be construed to imply that the Site is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

The mention or listing of another party or its products, events, services or facilities on the Site is not to be construed as an endorsement or recommendation of that party or its products, events, services or facilities.

The mapping features of this Site are made available to you by Google Inc. and its providers. Your use of those features will be governed by their terms of use which you can find at the Google Inc. site (www.google.ca for General Terms of Use & General Privacy Policy and www.google.ca/maps for Terms of Use and Privacy policies related to the Google Maps product).

Although we attempt to verify all links on a regular basis, there is a possibility that a particular site you are attempting to link to is not operational. We would be pleased to hear from you if you have found what appears to be a broken link.

No Warranties

The information and services provided on this Site are provided as a free public service. Although we endeavour to ensure that the content, information and services are as current and accurate as possible, errors may occur. Therefore, we cannot guarantee the quality, accuracy, completeness or timeliness of the information and services provided. Users should verify all information before acting on it. For example, prior to making any vacation plans, users should verify all information directly with the tourism facilities or destinations.

HHBRTA has not reviewed, and does not endorse or recommend any of the events or facilities that may be listed on the Site, and any reliance by you on such listings shall be at your sole risk. A reference or listing on the Site shall not be interpreted as any kind of endorsement or guarantee of availability or quality of the events or facilities, or of the accuracy of the information concerning such events or facilities.

HHBRTA assumes no obligation to update the content or information or advice on further developments concerning topics mentioned.

Information, content and services provided may be changed without notice.

Access to this Site is provided on an “as is” basis. You should not assume that your use of the Site will be error free or that the Site will operate without interruption or error.

No Liability

HHBRTA disclaims all warranties, representations and conditions regarding use of the Site or the information or services provided, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

HHBRTA is not responsible for any direct, indirect, special, incidental, consequential or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the Information available on the Site, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether based on negligence, breach of contract or other cause of action, even if HHBRTA has been informed of the possibility thereof.

Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless HHBRTA, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these Terms of Use; or (ii) your use of this Site, the content contained in this Site and the placement or transmission of any information or other materials on this Site made by you or others using your account. You agree to promptly notify HHBRTA immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

Ownership

All rights including copyright in this Site and all of the information and materials found thereon, including without limitation the HTML code and any other code used to generate any portion of this Site, belong to HHBRTA or third parties who have granted a licence to HHBRTA to use their property. None of the content, information and materials found on this Site are to be copied, reproduced, republished, distributed, sold, transferred or modified without HHBRTA prior express written permission. No derivative works or compilations are to be made of any of the content, information or materials found on this Site without HHBRTA prior express written permission. Any trademarks, logos, service marks, official marks or other marks displayed on this Site are the property of HHBRTA or third parties and nothing on this Site is to be construed as granting, whether by implication, estoppel or otherwise, any licence or other right to use any such trademarks, logos, service marks, official marks or other marks without the prior express written permission of their owners.

All rights, including copyright, in any information (including articles and other content) linked to from but not hosted on this Site continue to be owned by their respective owners.

Any rights not expressly granted in these Terms of Use are expressly reserved.

Confidentiality Warning

Although HHBRTA takes all reasonable measures to maintain the security of this Site, the internet is not a secure medium and security and privacy cannot be ensured. Internet e-mail is especially vulnerable to interception and forging. HHBRTA will not be responsible for any damages you may suffer as a result of transmitting confidential information through the internet, or implicitly or explicitly authorizing HHBRTA or others to send confidential information to you in this manner.

Unlawful and Prohibited Uses

This Site is strictly for personal and non-commercial use. You may not modify copy, transmit, distribute, display, publish or reproduce this Site or any part thereof for any purpose other than your own personal and non-commercial use.

You agree that your use of the Site, and the information and services provided, will not violate any applicable local, provincial, state, federal, national, international or other laws, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the internet by their residents.

You agree that you will not use this Site, and the information and services provided, for any purpose that is prohibited by these Terms of Use. Actions that you agree not to take include, without limitation: (i) taking or attempting to take any action that grants or would grant you access to the Site to an extent greater than authorized by HHBRTA; (ii) taking or attempting to take any action that results or would result in any unauthorized modification, addition or deletion to the Site; (iii) taking or attempting to take any action that violates or would violate the security of the Site; (iv) taking or attempting to take any action that imposes or would impose an unreasonable or excessively large load on the Site’s resources or infrastructure; (v) knowingly providing false or misleading information to HHBRTA.

Linking to this Site

You may create bookmarks to any page within the Site for personal, non-commercial use.

You agree that you will not without HHBRTA express prior written consent: (i) direct links to pages within this Site otherwise than to its home page, including without limitation direct links to search functions; (ii) re-use or re-display any content or modification of any content on this Site; or (iii) redeliver any content of this Site by use of “frames” or otherwise.

Choice of Law

The laws of the Province of Ontario and of Canada shall govern as to the interpretation, validity and effect of these Terms of Use despite any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Use or your use of the Site or of the content, information and services provided.

General

Use of this Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use including, without limitation, this paragraph.

No joint venture, partnership, employment or agency relationship is created as a result of these Terms of Use or your use of this Site.

If any term or condition of these Terms of Use, or the application thereof to any persons or circumstances, is to any extent invalid or unenforceable, the remainder of these Terms of Use, and the application of such term or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any proceeding based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form in the ordinary course of business.

The parties are deemed to have required that these provisions and all documents relating thereto be drawn up in English. Les parties sont considerees pour avoir exige que ces dispositions et tous les documents associant la-dessus soient elabores en anglais.

Collection of Personal Information

Please read our Privacy Policy which governs the manner in which we collect, use and disclose personal information. This Privacy Policy is incorporated into and forms part of these Terms of Use.

Amendments to these Terms of Use

HHBRTA reserves the right to change these Terms of Use at any time. Notice of any such changes will be posted on this page. Your use of the Site is governed by the Terms of Use in effect at the time of such use. You should therefore check these Terms of Use periodically.

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