Terms and Conditions

These Terms of Use and Conditions (or Terms) apply to this website or mobile application and the websites and mobile applications that display these Terms (collectively, Sites). These Sites provide you with certain information about our marina, Salty Dog Marina, (sometimes referred to as “Marina”) a division of Silver City Properties Ltd. (the “Company”) and its Services. The Marina is located at the property municipally known as 802 Quesnel Road, Sturgeon Falls, Ontario. These Sites may also include applications that enable you to communicate with us (by phone, chat, email or text), quote services, obtain special offers, schedule maintenance, obtain or access information pertaining to goods and Services you are interested in purchasing or leasing, among other features.

ACCEPTANCE OF TERMS

These Terms govern your use of these Sites and the services we provide through them (Services), whether you access the Services directly from the Sites or through a third party application or website. We may also operate additional websites or mobile applications that are governed by their own terms of use.

Please read these Terms carefully – by accessing or using any part of these Sites or Services, you agree to be bound by them. If you do not accept all of these Terms, you may not access or use our Sites or Services.

OUR APPROACH TO PRIVACY

We are committed to protecting the privacy of personal information and the responsible use of that information to deliver personalized, relevant content to you. The types of information we collect and how we use them are set forth in our Privacy Policy, which is available through a link on this Site and incorporated into these Terms by reference. By using the Sites or Services, you consent to the collection and use of personal information in accordance with our Privacy Policy.

USER ACCOUNT

In order to access certain features of our Sites or Services, you may be required to register by creating a user account. By registering, you agree to: (a) provide and maintain accurate, current, and complete information, (b) maintain the security of your username and password, (c) assume full responsibility for any uses of and actions that take place through your account, and (d) provide us with immediate notice of any breach of security or unauthorized use of your account. Your account may be terminated and your profile and any information you have provided through these Sites or Services may be deleted, and/or you may be prohibited from using or accessing the Sites or Services, or any portion thereof, at any time, with or without notice, and for any or no reason.

LIMITED LICENSE

Subject to your complying with these Terms, you are granted a limited, revocable, nontransferable license to access and use the Sites and Services to which you have properly gained access, and solely for your information and personal, non‐commercial use. Any use of the Sites or Services other than as specifically authorized by these Terms is strictly prohibited and will automatically and immediately terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property (IP) rights, whether by estoppel, implication or otherwise. Except for content you provide, all content on the Sites and available through the Services is owned by or licensed to us, with all rights reserved, and is subject to and protected by copyright and other IP rights and laws.

USER CONDUCT

In using the Sites or Services, you may not: (a) register an account on behalf of an individual other than yourself, impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or attempt to use another person's account; (b) copy, transmit, display, distribute, download, modify, publish, post, reproduce, or otherwise use the Sites or Services for commercial or public purposes without our prior written consent; (c) use data mining, automated scripts, robots or similar data gathering or extraction tools or processes; (d) use the Sites of Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites or Services; or (e) upload, post, transmit, share, store or otherwise make available any material that (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any law; or (ii) may, in our sole judgment, be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

EXTERNAL LINKS

The Sites or Services may include links to third party sites. Any such third party sites, and any information provided therein, is made available to you by our Sites “AS IS”, and solely for your information. Some third party services may be provided through third party sites that require you to register on those sites. Any such registration is separate from registration on our Sites, and will be governed by the terms of the third party site. You acknowledge and agree that you are responsible for evaluating the risks associated with using any third party sites, content, or services and that we have no liability for any services provided on or through such third party sites and make no representations or warranties concerning the accuracy, integrity or quality of any third party sites or content. With respect to third party content or links posted on our Sites, we may receive payment or other consideration, which such content may, but is not required to be, identified as "sponsored content."

DISCLAIMERS

While we strive to keep these Sites current, we cannot guarantee the accuracy of information provided through the Sites or Services, including, without limitation, the availability or price of any goods or Services.

The Sites and Services, and all content contained therein are provided "AS IS", without warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non‐infringement. We do not warrant that the Sites or Services will be uninterrupted or error free, that any specific information requested will be provided or that the Sites or Services will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Sites, and the accuracy, timeliness or completeness of the content and Services, is assumed solely by you. Some jurisdictions do not allow limitations on implied warranties, so the above limitations, in full or in part, may not apply to you.

The Company will at no point take care, custody, or control of the goods, vehicles, boats, or trailers that are stored at the Marina. The Company does not assume any responsibility whatsoever for the loss or damage including fire, theft, or other damage of the users’ vehicle, boats, or trailers, or any of their contents.You, the user of the Sites and consumer of Servicesshall, at your sole cost and expense, obtain and maintain in full force and effect at all times that you occupy any portion of the Marina, standard owners' form of automobile, boat, and trailer insurance policy providing third party liability insurance on allautomobiles, boats or trailers and their contents owned by or registered in your name with inclusive limits and on such terms as reasonably required by the Company from time to time, covering all licensed automobiles, boats, or trailers owned by or operated by or on behalf of the user. The user shall at all times be in possession of either certificates of insurance in the form designated or approved by the Company or certified copies of user’s insurance policies which are current and in force in good standing. The user hereby releases the Company and its servants, agents, employees, contractors and those for whom the Company is in law responsible from all losses, damages and claims of any kind in respect of which user is required to maintain insurance or is otherwise insured.

The Company shall not be liable or responsible in any way for any injury or death to any person or for any loss or damage to any property at any time in, on or about the Marina or any property owned by or being the responsibility of the user or any of its servants, agents, customers, contractors or persons for whom user is in law responsible elsewhere in, no matter how the same shall be caused and whether or not any such death, injury, loss or damage is caused or contributed to by the negligence of Landlord, its servants, agents employees, contractors or persons for whom Landlord is in law responsible. 

The Company shall not be liable or responsible in any way for any injury, death, loss or damage to any person or property caused by any other users or occupants of the Marina or by any occupants of any adjoining property or by the public or by the construction of any public, quasi public or private work or utilities. All property kept or stored in or about the Premises or kept or stored by user or any of its servants, agents, customers, contractors or persons for whom user is in law responsible elsewhere in the Marina shall be at the sole risk of Tenant and Tenant shall indemnify Landlord and save it harmless in respect of the same.

Without in any way limiting or affecting the generality or interpretation of the foregoing the Company shall in no event be liable for any indirect or consequential damages suffered by the user.

The user shall indemnify the Company and all of its servants, agents, employees, contractors and persons for whom the Company is in law responsible and all other users and occupants of the Marina and shall hold them and each of them harmless from and against any and all liabilities, claims, damages, losses and expenses, including all legal fees and disbursements, due to, arising from or to the extent contributed to by (i) any act or omission of user or any of its servants, agents, employees, invitees, licensees, contractors or persons for whom the user is in law responsible on the Marina, (ii) any injury, death or damage to persons or property of the user or its servants, agents, employees, customers, contractors or any other persons on the Project by or with the invitation, licence or consent of the user; (iii) any damage, destruction or need of repair to any part of the Marina caused by any act or omission of the user or its servants, agents, employees, customers, contractors or persons for whom Tenant is in law responsible.

Your use of or access to the Sites or Services may be denied at any time, without or without notice, and for any or no reason. Any of the Services may be modified or discontinued at any time, without or without notice, and for any or no reason. You agree that we will not be liable to you or any third party for any denial of access to, or modification or discontinuation of, any Services.

TRADEMARKS

All of the trademarks, trade names, service marks, logos, graphics, designs, brands, and service names (Marks) appearing on the Sites are either our registered trademarks, trademarks or trade dress, or are licensed to us for our use. None of the Marks may be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing on the Sites should be construed as granting, by implication or otherwise, any license or right to use any of the Marks.

COPYRIGHT

It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your IP rights have been otherwise violated, you may file a written notice of infringement with our copyright agent containing the following information: (a) electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other IP rights; (b) description of the copyrighted work or other IP that you claim has been infringed; (c) description of where the material that you claim is infringing is located on the Sites; (d) your name, physical address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law; and (f) a statement by you affirming that the information provided in your notice is accurate and that you are the copyright or IP owner or authorized to act on the copyright or IP owner's behalf. Please send the foregoing information to us as provided in the “Contact Us” section below.

JURISDICTIONS

Our Sites are controlled and operated from within Canada. We make no representation that the Sites or Services, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to access the Sites or use the Services from outside Canada, you do so at your own risk and are responsible for compliance with any applicable foreign laws.

COMPLIANCE WITH LAW ENFORCEMENT

We will cooperate with government and law enforcement officials, as well as private parties, to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties that, in our sole discretion, we believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect our property and rights or that of a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or subject to legal action.

OUR POLICY TOWARDS CHILDREN

Any use of or access to the Sites or Services by anyone under 13 is not permitted and violates these Terms. By using or accessing these Sites or Services, you represent and warrant that you are 13 years of age or older and fully able to agree to and abide by all of our Terms. We may suspend or terminate your user account and delete any profiles, content, or data you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old.

INDEMNIFICATION - GENERAL

You agree to indemnify and hold us, our affiliates, our partners and our vendors, and each of our and their owners, directors, officers, employees, and agents (the Indemnified Parties) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Sites or Services, or any violation of these Terms or of any law or the rights of any user or other third party.

LIMITATION OF LIABILITY - GENERAL

In no event will any of the Indemnified Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Sites or Services, or any of the content accessed through or downloaded from the Sites, even if they are aware or have been advised of the possibility of such damages. In no case shall the Indemnified Parties’ cumulative liability to you for any cause whatsoever, and regardless of the form of the action, exceed CDN $10.00. Because certain jurisdictional laws do not allow the exclusion or limitation of certain damages, these limitations, in full or in part, may not apply to you.

DISPUTE RESOLUTION/GOVERNING LAW

The laws of Canada govern these Terms. By accessing this website you consent to these Terms and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. 

CORPORATE TRANSFERS

In the course of a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including your user account information and content.

CHANGES TO OUR TERMS

We may modify these Terms, at any time and for any reason, by posting the revised Terms on our primary Site. Your use of the Sites after any such posting indicates your acceptance of the modified Terms.

HOW TO CONTACT US

For any questions or concerns regarding your use of Sites or Services, please use the link to Contact Us. We will make every effort to respond promptly and address your concerns.