NS Trails Terms of Use Agreement for use of the Trail Guide on nstrails.com

BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION AND UNDERSTAND THAT THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE “USER”, AND THE NOVA SCOTIA TRAILS FEDERATION (“NS TRAILS”).

Purpose

NSConnect.ca is an online database where individuals, groups and families can navigate sport, recreation and physical activity opportunities in Nova Scotia. NS Trails is using the NSConnect.ca database to source trail information. NSConnect.ca is a project of Recreation Nova Scotia and its various partners, including NS Trails. NSConnect.ca was established for the purpose of increasing the accessibility of information on active living and recreation opportunities for Nova Scotians. The content on any NSConnect.ca website (the “Website”) is for information purposes only and is made available solely for the private recreational use of individuals and groups. It is not intended to amount to advice on which you should rely. Your use of the Website is at your own risk and NS Trails has no responsibility or liability whatsoever for your use of this Website. Any commercial use by third parties, including republishing, data mining and inclusion of information obtained from the website in other documents or internet-based services for the purpose of profit is strictly prohibited.

Disclaimer  

While NS Trails and its various partners are committed to providing information that is correct, accurate, and timely, the Website and content are provided “as is”.  Information appearing on the Website is curated by various parties and is not independently verified by NS Trails for completeness or accuracy. NS Trails only reviews the information to determine that, generally, the content is consistent with the purpose of the Website.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER NS TRAILS NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER NS TRAILS NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Trail and Water Route Disclaimer

NS Trails does not own nor have control over any trail, paddling route, portage or wilderness tenting area described on the Website and therefore assumes no responsibility for the safety of any person using any trail, paddling route, portage or wilderness tenting area. Trail status may vary with changing conditions such as temperature, weather, construction, type of terrain, and usage. Any noted signs or landmarks are listed only for your convenience, and there is no guarantee that they will be there at any given time.

We recommend that users approach all paddling routes and wilderness tenting areas in a safe and responsible manner and conduct visual inspections whenever possible and practical. Conditions can change through fluctuating water levels, addition of natural debris, and commercial logging activity. Access arrangements must be made directly with respective property owners and you are accountable to them for any damage, loss or other problems that you may cause.  Always tell someone where you are leaving and when you are expected to return.

Inclusion

Through the Website, NS Trails and its various partners collect, maintain, and disseminate information about recreation, and physical activity opportunities in Nova Scotia.  NS Trails does not routinely monitor the quality of the programs, services, facilities, parks, trails, space, events or other information listed. Inclusion of a program, service, facility, park, trail, space, or event, on the Website is not a recommendation, endorsement or comment on the quality of program, service, facility, park, trail, space, or event, nor does exclusion indicate lack of endorsement.

Exclusion

NS Trails reserves the right to remove any information from the Website which, in its sole discretion, it determines to be erroneous, inaccurate, misleading (intentionally or inadvertently), inconsistent with the purpose of the Website, offensive, unlawful, or in breach of this Terms of Use Agreement.

Specifically, the Website will not contain any information related to programs, services, facilities, parks, trails, spaces or events that promote, or involve, alcohol or gambling as the main focus of the activity.

Limitation of Liability

UNDER NO CIRCUMSTANCE WILL NS TRAILS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless NS Trails, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers' fees) arising out of or relating to your breach of this Terms of Use Agreement or your use of the Website, including, but not limited to, third party sites, any use of the Website's content, services, and products other than as expressly authorized in this Terms of Use Agreement.

Prohibited Use

The User shall not damage, disable, or threaten the Website, or use the Website in any way that could damage, disable, or threaten the Website.

The User is responsible for all of their actions related to the Website and assumes all liability associated with, and/or damages arising from, its use of the Website.

Privacy

NS Trails and its various partners may record Website traffic, including user addresses, for statistical and program performance assessment and promotion, and may send electronic communications to users accordingly.

NS Trails and its various partners will not publish, sell, rent or distribute commercially personal information concerning users of the Website, including electronic addresses of users and will keep confidential personal information in accordance with this Terms of Use Agreement.

External Links

At times, links to external websites may be provided on the Website to provide further recreation and physical activity resources to the User. These external links are not created, or managed by NS Trails. External links include, but are not limited to maps, organization websites, or other databases. NS Trails does not make any representation or warranty as to the accuracy, reliability, legality, suitability, security, or integrity of the external websites. The User assumes any and all liability associated with accessing external websites contained on the Website. You are subject to any terms and conditions of such third party sites. Furthermore, in providing links to external websites, NS Trails is not acting as publisher or disseminator of any of the material contained on the external websites.  

Termination

NS Trails reserves the right to remove and/or disable access to the Website, with or without notice, for any User that violates this Terms of Use Agreement or does anything that NS Trails determines, in its sole discretion, to be threatening, misleading (intentionally or inadvertently), inconsistent with the purpose of the Website, offensive, or unlawful.  

Governing Law

This Terms of Use Agreement shall be governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Nova Scotia or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under this Terms of Use Agreement will be instituted in the courts of the province of the Province of Nova Scotia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

General Provisions

If any provision of this Terms of Use Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

No waiver, express or implied, by NS Trails, of any breach of or default by User under this Terms of Use Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

NS Trails reserves the right to revise and update from time to time in its sole discretion, this Terms of Use. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review NS Trails’ terms and conditions published on NSConnect.ca in order to be aware of any such modifications and your continued use shall be your acceptance of these.