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WEB SITE TERMS OF USE |
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Following information or notice is currently under review by LDB legal counsel.
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Acceptance of Terms
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Welcome to British Columbia Liquor Distribution Branchs (LDB) Web site for industry partners.
The services that the LDB provides to you are subject to the following Terms of Use ("TOU"). The LDB
reserves the right to update the TOU at any time without notice to you. The most current version of
the TOU can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom
of our Web pages.
The Terms constitute the agreement between you LDB and govern your use of the site and services.
You also may be subject to additional terms and conditions that are applicable to certain services
(applications) available on the site. The Terms and the relationship between you and the LDB shall
be governed by the laws of the Province of British Columbia without regard to its conflict of law
provisions. You and the LDB agree to submit to the personal and exclusive jurisdiction of the courts
located within the Province of British Columbia. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other provisions of the
Terms remain in full force and effect. The section titles in the Terms are for convenience only and
have no legal or contractual effect.
Any cause of action or claim users may have with respect to the site or services (applications)
must be commenced within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. The LDBs failure to insist upon or enforce strict performance of
any provision in these Terms shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify any provision of the
Agreement. You may not assign the Terms or any of your rights or obligations under the Terms without
the LDBs express written consent. The LDB may assign its rights and duties under these Terms to
any party at any time without notice to users. The Terms inure to the benefit of the LDBs
successors, assigns and licensees. Any rights not expressly granted herein are reserved.
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Limitation of Liabilities |
Under no circumstances will the Government of British
Columbia and the LDB be liable to any person or business
entity for any direct, indirect, special, incidental,
consequential, or other damages based on any use of this
Web site or any other Web site to which this site is linked, including,
without limitation, any lost profits, business interruption, or loss of programs or
information, even if the Government of British Columbia (and the LDB) has been specifically
advised of the possibility of such damages.
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Warranty Disclaimer
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This information is provided as a public service by the Government of British Columbia, Box 9411,
Victoria, British Columbia, Canada V8W 9V1 and the LDB, 3383 Gilmore Way, Burnaby, British Columbia, Canada V5G 4S1.
This Web site and all of the information it contains are provided "as is" without warranty
of any kind, whether express or implied. All implied warranties, including, without limitation,
implied warranties of merchantability, fitness for a particular purpose, and non-infringement,
are hereby expressly disclaimed.
The LDB makes no warranty that
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the service will meet your requirements,
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the service will be uninterrupted, timely, secure, or error-free,
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the results that may be obtained from the use of the service will be accurate or reliable,
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the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
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any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own
discretion and risk and that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of any such material.
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Terms of Use
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Governing Laws and Jurisdiction
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This Web site is controlled by the LDB in Vancouver, British Columbia, Canada. By accessing this
site, you agree that any legal matter that may arise between you and the LDB relating to the contents
of this Web site shall be governed by the laws of the Province of British Columbia and exclusively by
its courts.
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Use of Site
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You may only use this site for lawful purposes and in compliance with all applicable local,
provincial, national and international laws. You agree to use the services only to send and receive
messages and material that are proper and, when applicable, related to the particular service. By way
of example, and not as a limitation, you agree that when using the services (applications), you will not:
- Use the services (applications), including without limitation, in connection with advertising
promotional materials, surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the
rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available
through the services in any manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses (for example, Trojan horses, worms, time bombs, cancelbots,
corrupted files) or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications equipment.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity
any directory of users of the Services or other user or usage information or any portion thereof.
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Modifications to Service
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The LDB reserves the right at any time and from time-to-time to modify or discontinue, temporarily or
permanently, the service (or any part thereof) with or without notice. You agree that the LDB shall not
be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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No Resale of Service
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You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
You may use and copy the documents (such as policy manuals, press releases, datasheets and FAQs)
made available on this Web site subject to the following:
- The below copyright notice appears in all copies and that both the copyright notice and this
permission notice appear.
- Use of such Documents from the services is for informational and non-commercial or personal
use only and will not be copied or posted on any computer or broadcast in any media.
- No modifications of any documents are made
- Accredited educational institutions, such as K-12, universities, private/public colleges, and
state community colleges, may download and reproduce the documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for any other purpose
is expressly prohibited by law, and may result in civil and criminal penalties.
Documents specified above do not include the design or layout of the LDBs Web site or any other
LDB owned, operated, licensed or controlled site. Elements of the LDB Web site are protected by
trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from the LDB may be copied or retransmitted unless
expressly permitted by the LDB.
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Comments / Feedback / Concerns
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We welcome your comments with respect to the LDBs Terms of Use for its Web site. Any comments or
questions should be sent by e-mail to ldbvendorhelp@bcliquorstores.com.
We will use commercially reasonable efforts to promptly respond to your inquiry.
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General Practices Regarding Use and Storage
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You agree that the LDB has no responsibility or liability for the deletion or failure to store any
messages and other communications or other content maintained or transmitted by the service.
You acknowledge that the LDB reserves the right to log-off accounts that are inactive for an extended
period of time.
You further acknowledge that the LDB reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
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