Introduction

Welcome to www.salmonwatersheds.ca (the “Site”). This Site is owned and operated by Pacific Salmon Foundation (“PSF”, “we”, “our” or “us”). The terms “you”, “your” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site.

Through the Site, you may access our public online document library (the “Document Library”), which contains a collection of documents and data relevant to the conservation and management of wild Pacific salmon. For the purposes of these Terms of Use, the “Site” includes the Document Library.

IMPORTANT: These Terms of Use (the “Terms”) constitute a legally binding contract that governs your use of the Site. By accessing, viewing, browsing, visiting or otherwise using the Site, you accept and agree to be bound by these Terms. If you do not accept any of these Terms, please do not use the Site.

PSF may, in its sole discretion, modify or revise these Terms at any time by updating this posting. You are bound by any such modification or revision. You should visit this page periodically to review the Terms. If any modification is not acceptable to you, your sole remedy is to discontinue use of the Site.

Use of the Document Library

Subject to these Terms, we authorize you to view and download the information and materials (the “Materials”) in the Document Library at or through this Site only for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials, and on any copies of the Materials. You may not copy, publish, post or mirror any Materials on any other server, website or other platform.

Personal Information

Some of the Materials may contain personal information. If you have any rights to the personal information in the Materials, and are concerned about their use in the Document Library, please contact the Pacific Salmon Foundation at info@salmonwatersheds.ca.

Copyright Policy

PSF respects the rights of copyright owners to control the uses of their intellectual property, and requires you to do the same. You are responsible for complying with all copyright laws while using the Site. You agree that you will not use the Site to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing the Materials or other copyrighted works.

Ownership

You acknowledge and agree that the Site uses and contains proprietary and confidential technology and information that is owned by PSF or licensed to PSF and protected by law. The content displayed on the Site, including but not limited to the Materials, logos, information, graphics, videos and other materials (the “Content”) is either owned by us or licensed to us, and is protected under copyright laws and treaties. Except for the rights granted with respect to the Materials as set out above, the Content may not be copied, modified, reproduced, republished, transmitted, sold, offered for sale, or otherwise distributed without our prior written permission. You must retain all copyright and other proprietary notices contained in or on the Content, and on any copies of the Content. You may not copy, publish, post or mirror any Content on any other server, website or other platform. You must abide by all copyright notices, information or restrictions contained in or attached to any Content.

“Pacific Salmon Foundation”, “PSF”, “Salmon Watersheds Program”, “SWP”, and certain other words and logos displayed on the Site, which may or may not be designated by a “™” “®”, or other similar designation, constitute trademarks or trade names (collectively, “Marks”) of PSF or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or with our respective licensors.

Nothing contained on the Site grants, by implication or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third party that may own the trademark or copyright of information displayed on the Site.

Links to Other Sites

The Site may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that the Site provides links to or that provide links to the Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

Disclaimers

You expressly agree that your use of the Site, the content and any services offered through the Site shall be at your sole discretion and risk. This site, the content and the services offered through the Site are provided on an “as is” and “as-available” basis without any warranties of any kind. To the fullest extent permitted by law, PSF disclaims all warranties, including, but not limited to, the warranty of merchantability, non-infringement of proprietary or third party rights, and the warranty of fitness for particular purpose. PSF makes no warranties about the accuracy, reliability, completeness, or timeliness of the site, the content, the materials, the services offered through the Site or about the results to be obtained from using the site, the content, the materials or services offered through the site. PSF does not warrant that the site will operate error-free or that the Site or its server are free of computer viruses or other harmful goods. If your use of the site or the content or the results obtained from using the site results in the need for servicing or replacing equipment or loss of profits or data, PSF is not responsible for those costs.

Limitation of Liability

In no event shall PSF or its affiliates, shareholders, directors, officers, employees, agents or licensors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the site, the content or services offered through the site including, but not limited to, reliance by a user on any information obtained at the site, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if we have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content and services available through the Site.

Indemnity

You agree to defend, indemnify, and hold harmless PSF, its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of any representations, warranties, covenants or obligations contained in these Terms.

General

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, regardless of conflict of laws principles. Any legal proceeding arising out of the use of the Site or the Materials, or relating to these Terms must be brought in Vancouver, British Columbia. By using the Site you agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and enure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.