Terms of Service
PLEASE READ THESE TERMS OF SERVICE AND THE RELATED PRIVACY POLICY LOCATED AT
www.brookstonoaks.ca CAREFULLY BEFORE USING THIS WEBSITE. This “Site” (as defined below) is owned
and operated by Brookston Oaks (“Company”, “us” or “we”). These terms of service (the “Terms of Service”,
“TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our website and any other
online and mobile websites, blogs and interactive applications operated by Company that are related to
www.brookstonoaks.ca (collectively, the “Site”) (unless a different policy is provided on a particular site,
application or service, in which case such different policy shall govern and control). Your use of this Site confirms your
unconditional agreement to be bound by these Terms of Service and is subject to your continued compliance with
these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise
use the Site. Before using the Site, please review the related Company Privacy Policy, located at
www.brookstonoaks.ca on the privacy policy page (the “Privacy Policy”), which is incorporated herein by this
reference.
Eligibility
The Site is intended solely for users nineteen (19) years of age and older. You represent and warrant either that you
are nineteen (19) years of age or older.
Registration
Certain parts or features of the Site may require registration or may otherwise ask you to provide information to
participate in certain features or to access certain content. The decision to provide this information is purely voluntary
and optional; however, if you elect not to provide such information, you may not be able to access certain content or
participate in certain parts or features of the Site. You agree that you will not provide any false personal information to
the Site, or create an account for anyone other than yourself without permission. You will also not create more than
one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we
believe appropriate (such as if a trademark owner complains about a username). If you register with the Site, you are
responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so
that others may not access the password protected portion of the Site. You accept responsibility for all activities that
occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership
or any membership rights. Company may, in its sole discretion, and at any time, with or without notice, terminate your
password and membership, for any reason or no reason at all. If we disable your account, you agree that you will not
create another one without our permission.
License to the Site
Company grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display
the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall
not interfere (or permit the use of your membership by a third party to interfere) or attempt to interfere with the
operation or use of Site by other members in any way through any means or device including, but not limited to,
spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any
provision of this TOS.
Changes to Site and/or Terms of Service
Company reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove,
revise, delete or otherwise change any portion of the Site or this TOS, in whole or in part, at any time without further
notice. For changes to these TOS that we deem material, we will place a notice on the Company website located at
www.brookstonoaks.ca by revising the link on the homepage to read substantially as “Updated Terms of Service”
for an amount of time that we determine in our discretion. If you access or use the Site in any way after the TOS have
been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such
changes. The most current version of these TOS will be available on the site and will supersede all previous versions
of these TOS.
Trademarks, Copyrights & Restrictions
The Site and all of the content it contains, or may in the future contain, including but not limited to text, video,
pictures, graphics, designs, information, applications, software, articles, directories, guides as well as the trademarks,
service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of
intellectual property (collectively, the “Material”) that relates to the Site are owned by or licensed by Company or other
third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and
other intellectual property and non-intellectual property laws and by international treaties. Except as expressly
permitted in writing by Company, you shall not capture, reproduce, perform, transfer, sell, license, modify, create
derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame,
link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site
should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any
manner without the prior written consent of Company or such third party that may own the Material or intellectual
property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING,
DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY
PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may
infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any
violation of this Agreement by others that you become aware of. You are advised that Company will aggressively
enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of
the Material at any time, without notice and without liability.
Linked Sites
The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”)
as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information,
software applications and other content originating from third parties (collectively, “Third Party Applications, Software
or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service
that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third
Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third
Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available
through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices
or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you
decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or
Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU
AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR
CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA,
ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND
RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE
APPLICABLE TO SUCH SITES AND RESOURCES.
No Resale/Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any
commercial purpose.
Termination
You understand and agree that Company may, in its sole discretion and at any time, terminate your password or
Account and prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in
its sole discretion, with or without notice. You understand and agree that Company may take any one or more of
these actions without prior notice to you. Should Company take any of these actions, it may, in its sole discretion,
immediately deactivate and/or delete any or all information about and concerning your account. You understand and
agree that Company shall not have any liability to you or any other person for any termination of your access to the
Site or the removal of information concerning your Account. Company will determine your compliance with this
Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any
violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to
law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect
unless formally posted or made in writing and signed by a duly authorized officer of Company. Upon termination of
your membership or access to the Site, or upon demand by Company, you must destroy all materials obtained from
the Site and all related documentation and all copies and installations thereof. You are advised that Company will
aggressively enforce its rights to the fullest extent of the law.
Disclaimer
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for
various other reasons. Company assumes no responsibility for any delays, interruptions, errors, defects, omissions,
or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or
destruction or unauthorized access to, user communications. Company is not responsible for any technical or nontechnical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone
networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on
account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or
damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or
resulting from using or downloading materials in connection with the Web and/or in connection with the Site. THE
SITE AND THE MATERIALS ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF
TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT
THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE AND THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SITE, MATERIALS OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. COMPANY DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE
MATERIALS, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND
NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT FULLY APPLY TO YOU.
Limitation of Liability
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS,
AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE
“RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND,
WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM
OR IN CONNECTION WITH THE SITE, THE MATERIAL, ANY LISTING OR ANY ERRORS OR OMISSIONS IN THE
TECHNICAL OPERATION OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO
THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). You hereby waive any and all rights you have or may
have, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In
connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims
presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be
true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this
Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in
effect as full and complete releases notwithstanding the discovery or existence of any such additional or different
claims or facts relevant hereto. Company makes no representation or warranty whatsoever regarding the
completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or
recommendations contained on the Site and/or the Material. Reference to any product, process, publication or
service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise
does not constitute or imply its endorsement or recommendation by Company. Views and opinions of users of the
Site do not necessarily state or reflect those of Company. Users are responsible for seeking the advice of
professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site. The
Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s
computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical
or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you
should consider this before submitting any information to anyone over the internet. Company makes no
representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
Linking Policy
If you link to the Site, we require that you follow these guidelines. You may link only to the home page, and the link
must be in plain text, unless otherwise approved in writing by an authorized representative of Company. The link to
this Site must not damage, dilute or tarnish the goodwill associated with any Company names and/or intellectual
property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed
by, affiliated and/or associated with Company. You may not “frame” the Site or alter its intellectual property or Material
in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes
violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory
or is otherwise deemed inappropriate, as determined by Company in its sole discretion. Company reserves the right,
in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation
any website that Company deems to be inappropriate or inconsistent with or antithetical to the Site and/or these
Terms. Company is not responsible for the content or performance of any portion of the Internet including other
websites to which this Site may be linked or from which this Site may be accessed.
Indemnification
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS
FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION,
JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR
BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR
VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL
IN VIOLATION OF THESE TERMS OF SERVICE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED
THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT
INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY
OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU;
AND/OR COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY
REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT
TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT
THE WRITTEN CONSENT OF COMPANY.
Governing Law
This TOS shall be governed and construed in accordance with all federal laws (without regard to its conflicts of law
principles that would cause the application of any other jurisdiction’s laws) With respect to any disputes or claims not
subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the
federal courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to venue and jurisdiction.
Miscellaneous
This TOS constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all
prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.
This TOS may not be amended, nor any obligation waived, without Company’s written authorization. Any failure to
enforce any provision of this TOS shall not constitute a waiver thereof or of any other provision thereof. If any
provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
For any questions, suggestions, or concerns related to these Terms of Service, please send us a message using the
“Contact Us” page.