Terms & Conditions
Sunshine Valley Developments Ltd. Terms & Conditions
The Website (the “Website”) is the exclusive property of Sunshine Valley Developments Ltd. (henceforth referred to as “SVDL”, “we”, “us”, “our”). This document constitutes an Agreement between you (the person, company, partnership or other organization or entity represented by you, “You”) and SVDL that sets out the terms and conditions by which we allow You to visit the Website, to view the information and other content that is displayed thereon and use all other functions of the Website.
BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS, MOST NOTABLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THOSE LAWS PERTAINING TO COPYRIGHTS AND TRADEMARKS.
Please read this document carefully and, if for whatever reason You are not in agreement with the said terms and conditions, Your sole recourse is to end Your visit to the Website. By continuing to access and use the Website, You are deemed to have understood and agreed to all the terms and conditions contained herein.
All information or advice provided as part of the Website is intended to be general in nature. SVDL tries to ensure that all information provided as part of the Website is correct at the time of inclusion on the Website but does not guarantee the accuracy or completeness of such information. Reliance on information contained on the Website is at Your own risk. SVDL hereby expressly disclaims all liability for any action You may take as a result of relying on such content, information or advice or for any loss or damage suffered by You as a result of You taking this action.
Any communications posted on any forum on the Website represent the views of the individual who posted such communication and are not to be taken as the views of SVDL.
Copyright and Intellectual Property
The Website contains proprietary materials, including text, photographs, videos, and other images and sound, which are protected under law.
All comments, suggestions, graphics, videos, images, ideas (including product and advertising ideas) and other information or materials You submit to SVDL through, or post or display on, the Website will become and remain the exclusive property of SVDL, including any future rights to reproduce, modify, translate, publish, broadcast or otherwise use or distribute such information and materials associated with such submissions, postings and displays, even if these Terms and Conditions are later modified or terminated. You hereby disclaim any proprietary rights in such submissions, postings and displays, and waive all moral rights therein, in favour of SVDL, including any rights to confidentiality.
All copyright and other intellectual property rights in these materials are either owned by SVDL or have been licensed to it by the owner(s) of those rights so that they may be used as part of the Website.
Except as expressly provided herein or in the case where SVDL has specifically granted written permission to use the Website content, no license or right, express or implied, is granted to any person or user of the Website. More specifically, the Website contains trademarks that are the property of SVDL or third parties. Trademarks that are owned by third parties are used on the Website pursuant to a license that only extends to SVDL and not to You. You receive no license to copy or use any of the trademarks featured on the Website and any such copying or use must be pre-approved by SVDL or the relevant third-party trademark owner, as the case may be.
Except as specifically provided herein, You may not use, modify, re-engineer, copy, reproduce, republish, post, transmit, distribute, display, upload, download, perform, create derivative works from, transfer, sell or otherwise benefit from any Content in any way without the prior written consent of SVDL.
Use of Website Material
You may display on Your computer, download or print a copy of the material from the Website for non-commercial, personal or educational purposes only. You are not authorized to modify the content, and where You do copy it or use it for educational purposes, You agree to identify SVDL as the source of the material.
Other than as noted above, You may not copy (whether by printing off onto paper, storing on devices, downloading or in any other way), distribute (including distributing copies), publish, broadcast, reproduce, alter or tamper with in any way, or otherwise use any material contained in the Website. These restrictions apply in relation to all of the materials on the Website.
You hereby agree that You will not, and will not permit any of Your personnel to: (a) conduct or promote any illegal activities while using the Website; (b) use the Website to generate unsolicited email advertisements or spam; (c) use the Website to stalk, harass or harm another individual or entity; (d) use any high volume automatic, electronic or manual process to access, search or harvest information from the Website (including without limitation robots, spiders or scripts); (e) interfere in any way with the proper functioning of the Website or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (f) attempt to gain access to secured portions of the Website to which You do not possess access rights; (g) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (h) use any robot, spider, other automatic device, or manual process to extract, “screen scrape”, monitor, “mine” or copy any static or dynamic web page on the Website or the content contained on the Website for commercial use without the prior express written permission of SVDL; (i) impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or (j) mirror or frame the Website or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.
Linking to other sites
You may not link to the Website without the express written consent of SVDL. If You wish to provide a link to the Website, please go to the Contact Us section of the Website to make a request. Our consent to such a link is within our sole discretion.
You may not use our icons or logos on Your website, or otherwise, without our express written consent and You may not use any links to suggest that SVDL sponsors, endorses, approves or is affiliated with You or Your website.
When You visit the Website or send e-mails to us, You are communicating with us electronically, and You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
Changes to Terms and Conditions and Website
SVDL may change these Terms and Conditions from time to time without notice. Such amended Terms and Conditions shall be effective upon publication on the Website. Your access to the Website is subject to Your acceptance of the then current Terms and Conditions.
SVDL may change the format and content of the Website at any time and may suspend the operation of the Website for support or maintenance work to update the content or for any other reason. In addition, SVDL reserves the right to terminate access to the Website or to otherwise discontinue the Website at any time and without notice.
In the context of using the Website, each user of the Website is exclusively responsible for protecting their own computer equipment, software, electrical equipment and other equipment against viruses and to ensure that same are free from any viruses. SVDL maintains its own protection against viruses on its servers, but shall assume no liability (including, but without limitation, for direct and indirect damages) for viruses that may affect systems and resulting from access to and use of the Website.
Limitation on Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WEBSITE AND ALL CONTENT, INCLUDING WITHOUT LIMITATION ALL THIRD-PARTY OWNED AND HOSTED CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SVDL, ITS AFFILIATES AND SERVICE PROVIDERS DO NOT ASSUME ANY LIABILITY TOWARDS YOU OR ANY OTHER PERSON WITH RESPECT TO DIRECT, INDIRECT OR PUNITIVE DAMAGES (including but not limited to financial losses, loss of data, loss of profits, loss of business, and business interruption) RESULTING OR ARISING FROM ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INFORMATION OR ADVICE PROVIDED THEREON, INCLUDING ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, EVEN IF SVDL, ITS AFFILIATES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
You agree at all times to indemnify, defend and hold harmless SVDL, its affiliates, agents, licensors, suppliers, and their respective directors, officers, shareholders and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly, subject to the Limitation of Liability section above, Your use or misuse of the Website and the content thereof, including Your submission of any materials through the Website and any use by You of forums and provision by You of any links to the Website.
These Terms and Conditions are governed by and to be interpreted in accordance with the laws of the Province of British Columbia and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract, tort or otherwise, the British Columbia courts will have exclusive jurisdiction over such dispute, unless applicable law requires otherwise.
Any reference made to “the Website” shall constitute reference to the Website found at the address www.sunshinevalleyliving.com, all web pages beginning with the address www.sunshinevalleyliving.com. Any reference to information contained on the Website refers to all content on the site, whether such content is directly or indirectly accessible or via download, whatever its form and without restriction.
The parties specifically agree that this Agreement be drafted in English. Les parties ont specifiquement demande que cette entente soit redigee en anglais.
Last updated: June 14, 2021