Terms of Use

Last updated: October 5, 2015

These are the Terms of Use between you and Wild Apricot Inc. (in these Terms of Use, together with our service providers, “we” or “us”) for your use of this website and these services (in these Terms of Use we refer to them collectively as the “Site”). They include any Site usage guidelines that we may post on the Site from time to time. By using the Site you agree to these Terms of Use and to our Privacy Policy – please read it before you register. These Terms of Use continue in force until cancelled by either of us, or cancellation of your account. It is your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws in using the Site. You may not use the Site for any illegal purpose.

We may change these Terms of Use from time to time. If we do, we will post the changes to the Site and, if you are registered, notify you at the email address you provide in your registration information. Please ensure that you keep this email address up-to-date. By continuing to use the Site after any changes you agree to the changes. We may also change or discontinue the Site at any time.

You have a limited right to use the Site. We can decline or cancel your registration, or remove your account or any content you post on the Site, for any reason and at any time. You are responsible for providing accurate registration information, keeping your registration information up-to-date and secure, and for all activity that happens in your account, including all content posted using your account. All user names and passwords are our property and may be changed at any time.

We support the Site in part with advertising, so for free accounts we may display advertisements throughout the Site. We do not endorse any of the products or services advertised.

By posting content on the Site, you confirm that you have the right to do so (including the right to post on the Site for its use the personal information of any other person), and you give us the right to use the content for the purposes of operating and marketing the Site. If you post content in any areas of the Site, you give us the right to give access to that content to other users who have access to those areas of the Site from time to time. If your account is terminated, we may keep a copy of your content for archival purposes, and to use in any litigation to which it might be relevant. Please also see our Privacy Policy concerning our use of personal information.

With the exception of your content, we and our licensors own the Site and all rights to the Site. You may not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, except as permitted in these Terms of Use or with our prior written consent.

The Site is provided on an "as is" and "as available" basis, and your use of the Site is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement.

We and our licensors and suppliers shall not be liable for any damages of any kind, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise (even if we have been advised of the possibility of such damages) and whether or not any limited remedy failed of its essential purpose, arising out of or in connection with the Site or these Terms of Use. In particular, we are not responsible for any content provided by you or any other user of the Site.

You shall indemnify and hold us and our licensors and suppliers, and our and their subsidiaries, affiliates, related entities, officers, directors, shareholders, agents, co-branders or other partners, employees, successors and assigns harmless from any liability, cost, expense, loss, claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of the Site.

The Terms of Use and the relationship between you and us shall be governed by the laws of Ontario, Canada. Our service providers are third party beneficiaries of these Terms of Use. All claims concerning these Terms or your use of the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. These Terms of Use and your rights and obligations under them are not transferable by you to any other person. We may transfer our rights and obligations to the acquirer upon any sale of all or a part of our business.

These Terms, the Privacy Policy, and any Site usage guidelines or other policies or guidelines we may post on the Site constitute the entire agreement between you and us and govern your use of the Site. The parties acknowledge having consented that these Terms of Use and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language. Les parties reconnaissent avoir convenue que la presente convention ainsi que tous documents, avis et procedures judiciaires qui pourront etre executes, donnes ou intentees a la suite des presentes ou ayant un rapport, direct ou indirect, avec la presente convention soient redigee en anglais.

If you have questions about these Terms of Use, you can contact us here: support@wildapricot.com