Terms of Use
Who We Are
Welcome to http://www.harvesthg.com. (the “Site”). This Site is owned and operated by Harvest Hospitality Group (“we,” “us” or “HHG”). Our mailing address is PO Box 1011, 526 Regent St., Niagara-on-the-Lake, Ontario, L0S 1J0; our email address is info@harvesthg.com; and our telephone number is 905-468-6083. We do not charge you for merely using our Site; if a particular activity carries a charge, it will be disclosed in connection with the activity.
Harvest Hospitality Group works with property owner/operators and investors, providing a variety of hospitality business solutions and investment opportunities.
Who You Are and Your Agreement to these Terms of Use
“You” are any individual or entity who uses the Site; if you use it as an agent for someone else, “you” means both the person using the Site and their principal. You must be 18 years old. If you are younger than that, you are not authorized to use the Site.
Are an Accredited Investor (as interpreted by Provincial Authorities, generally meaning those with either a personal income of $200,000, household income of $300,000, financial assets of $1,000,000 or total assets of $5,000,000)
By using this Site beyond the Home Page you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use (“Terms of Use”) and the Privacy Policy referenced below (“Privacy Policy”), all in the form provided by us and without change by you. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this Site.
The Site
You may use the Site when and as available. As currently configured, we intend to supply a variety of Content and allow you to do a variety of things such as having conversations and uploading and downloading various User Materials (“Services”), but we are not undertaking an obligation to supply or allow any particular Service and we may change or eliminate Services from time to time in our sole discretion and without prior notice. We also reserve the right to, temporarily or permanently, restrict or block access to all or any part of the Site or Services for some or all users or jurisdictions from time to time without notice; we also reserve the right to charge fees, but we will give notice of that.
Registration; Your Obligations re: User Names and Passwords
You are required to be an HHG member in order to engage in some Site activities. To become an HHG Member you must complete the registration form. You agree to maintain the confidentiality of any password you may use to access the Site, and agree not to transfer your password or User Name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Site, and to “log off”/ exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing or other obligations of yours under these Terms of Use.
Use of the Site
We grant you permission to use the Site subject to your compliance with the following terms and conditions and you agree to all of them:
HHG Content & Available Content. This Site contains material owned, licensed or otherwise supplied by us, our service providers or others, such as software, text, graphics, images, video, audio, and other material (collectively referred to as the “HHG Content“): The HHG Content is protected by copyright under both Canadian and foreign laws. You have no rights in or to the HHG Content, and you may not use it except as permitted under these Terms of Use. No other use is permitted without prior consent in writing from us or another owner of the HHG Content. If you are granted written permission to use HHG Content, you must retain all copyright and other proprietary notices and information contained in the original HHG Content on any permitted copy you obtain of that content. The use or posting of the HHG Content on any other website or in a networked computer environment for any purpose without written permission is expressly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the HHG Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the HHG Content in any way for any public or commercial purpose without written permission.
Do No Harm: You must comply with all applicable laws and regulations while using the Site and your User Materials, and you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law or otherwise be harmful to us, users or others or their respective property or other rights. We will fully cooperate with any law enforcement authorities or any court order requesting or directing us or a service provider to disclose the identity of anyone posting or transmitting any such information or materials and we reserve the right voluntarily to do so.
No Commercial Use. You are prohibited from using the Site to advertise or perform any commercial or for-profit solicitation, or otherwise exploiting for any commercial or profit-making purpose any Available Content, User Materials, and any portion of, use of, or access to the Site.
Make Appropriate Disclosures. It is up to you what you say on the Site or in your User Materials, but you still must obey the law and make all appropriate disclosures. For example, just as you would expect someone endorsing a product to reveal that they are getting paid or are receiving a benefit for their endorsement, if you are receiving payment or benefit for mentioning or promoting something, you must also make a disclosure.
No Harmful Code. You are prohibited from using the Site or User Materials to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of or data in, any hardware, software, or equipment.
No Personal Information. You are prohibited from using the Site to violate the legal or privacy rights of others or to harvest or collect without their consent, personally identifiable information. You agree that neither we nor our service providers shall have any liability for any damages resulting from, the use (including without limitation the republication) or misuse by any third party of User Materials or any other information obtained on or through the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION AVAILABLE IN USER MATERIALS, IN YOUR PROFILE OR IN YOUR COMMUNICATIONS WITH OTHER USERS OR OTHERWISE, YOU DO SO AT YOUR OWN RISK.
No Interference. You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks.
No Reverse Engineering. You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.
Use of the Site Not a Substitute for Financial or Tax Advice
You acknowledge and agree that the Content and other materials or Services on the Site are not a substitute for professional financial or tax advice. Information or comments on the Site are not financial or tax advice, and may not be relied upon by any specific user for any purpose, including but not limited to investment decisions or tax return preparation. Nothing on the Site should be construed to be an offer to sell or to purchase securities or other investments.
User Materials and Site Activities
Your use the Site is subject to your compliance with these further terms and conditions and you agree to all of them:
User Materials. This Site offers opportunities for Registered Users to submit and post their own user content (collectively “User Materials“), including participating in online chats, posting to user blogs and posting to discussion forums. The selection and availability of activities may change from time to time in our sole discretion. Never post anything that was not exclusively created by you unless you have obtained all legal rights and other permissions to do so.
Licenses From You. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Site, whether solicited or unsolicited, you grant us a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to:
use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all User Material for any purpose, including, without limitation, advertising and promotional purposes, in all possible media, now or hereafter known (collectively, “Uses”); and
to use at our option your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), in connection with all Uses, including but not limited to use in broadcast, print, online, wireless or other use or publication of your User Materials;
to access your User Materials in any location on the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Site and under these Terms of Use.
With respect to all of the above, all User Materials on or from the Site become our unrestricted licensed property and no credit, approval or compensation is due to you for any of the above.
Ideas. You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to us in User Materials may be used by us anywhere, anytime, and for any reason whatsoever without compensation to or restriction by you. You understand and agree that no fiduciary relationship is established between you and us by providing User Materials. By posting content to a message board, you have not entered into any contract – express or implied – for us or anyone else (including other users) to use or purchase User Materials, any intellectual property contained in them (including but not limited to trademark, copyrights, and rights of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans, or charts.
Your Warranty. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by us or our service providers will not infringe or violate the rights of any third party in any manner.
Removal Etc. In addition to our legal rights, we may, in our discretion (and without undertaking any duty), monitor, filter, prescreen, refuse, move, edit, alter, add material to, delete or do anything else to User Materials without prior notice, in whole or in part, for any or no reason, including (without limitation) with respect to User Materials that we deem to violate these Terms of Use, that we find objectionable, offensive or potentially illegal or harmful to us or others. You agree to evaluate, and bear all risks associated with User Materials, including without limitation their use and any reliance on the accuracy (or inaccuracy), completeness or usefulness of them.
Feedback on Users
If you are aware of any User Materials that violate these Terms of Use other than copyright infringement (for that, see below), please contact us at info@harvesthg.com. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason you believe such User Material should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Materials in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement and Copyright Agent.” Although we may attempt to monitor User Materials, in no event do we assume any obligation to do so or liability for failing to monitor or exercise any of our other rights.
Privacy
Our Privacy Statement is part of and incorporated into these Terms of Use. The Policy will survive termination or cancellation of the Terms of Use and will last until we eliminate from our databases information about you that is subject to the policy. Provisions of these Terms of Use that we deem relevant to the Policy will also survive. We reserve the right to contact you in connection with communications to each other (and to use all data in such communications) and in connection with our or your performance of these Terms of Use or a Site Service or activity and as otherwise allowed by law.
Trademarks
You agree that any name, logo, trademark, brand, or service mark (“Trademarks”) contained on the Site is owned or licensed by us and may not be used by you without our prior written approval. We will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either our property or are used with permission from its owner. Nothing contained on this Site may be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written content and/or consent of such third party that owns the Trademarks. Your use of any of these materials is prohibited unless specifically provided for on the Site. Any unauthorized use of these materials (or of HHG Content) may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
No Warranties
THE SITE AND ALL SERVICES, ALL HHG CONTENT, ALL USER MATERIALS AND EVERY OTHER ASPECT OF THE SITE (COLLECTIVELY, “COMPLETE SITE”) IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU.
NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, AFFILIATES, AGENTS OR EMPLOYEES (COLLECTIVELY, “HELPERS”) MAKES ANY COMMITMENT OR WARRANTY AND EACH DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, COMPLETENESS OF INFORMATION, FUNCTIONALITY OR AVAILABILITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; (H) OF MISREPRESENTATION, DEFAMATION, PORNOGRAPHY, OBSCENITY OR THE LIKE; AND (I) ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY WILLFUL MISCONDUCT. ALSO, THERE ARE NO WARRANTIES OF TITLE, QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT.
No INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW and except for damages for infringement OF hp CONTENT, YOU AGREE THAT NEITHER WE NOR ANY OF OUR HELPERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR (WITHOUT LIMITATION): LOST PROFITS OR OPPORTUNITY, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER INDIRECT OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE SITE OR TO ANY BREACH OF THIS TERMS OF USE BY US OR OUR HELPERS, EVEN IF WE (OR A HELPER) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
You agree that your sole remedy for any breach of THESE Terms OF USE (INCLUDING THE pRIVACY AND INFORMATION SECURITY POLICY) or any cause of action of any nature (including tort) relating to THEM OR the COMPLETE Site OR ANY HELPER shall be, at our option, (1) substitution or replacement of all or part of the COMPLETE Site that gives rise to damages incurred by you in reasonable reliance on us; or (2) the amount of direct damages actually incurred by you in reasonable reliance, which amount shall not exceed the amount actually paid by you to US FOR THE ITEM GIVING RISE TO YOUR DAMAGES. You agree that the damage exclusions in theSE Terms OF USE and this limitation of liability shall apply even if any remedy fails of its essential purpose.
Release of Liability
You agree to release, discharge, indemnify, and hold harmless us and our Helpers from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages or losses to any person from your participation in any of the activities on the Site, including without limitation, your User Materials and breach of these Terms of Use or the use by us or our designees of any rights granted by you.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY (AND OF OUR SERVICE PROVIDERS, AGENTS, EMPLOYEES AND AFFILIATES) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Links to Third Party Sites
This Site may be linked to other sites either by us or by users. No link implies that, directly or indirectly, we have provided any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein by us (but not by users). You agree and understand that we have not reviewed all the sites linked to this Site and take no responsibility for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is also at your own risk and must be lawful.
Revision of Terms
If you are a Registered User, you agree that we may amend these Terms of Use, including the Privacy and Information Security Policy, from time to time by using the following procedure. We will post a notice on the log-in page for the Site about the specific material changes to these Terms of Use. After we have provided notice of material changes to this Agreement, you may terminate this Agreement as provided below. If you do not terminate, then you agree to be bound by the revised agreement.
Users who are not registered agree to be bound by the Terms of Use in effect at the time you are using the Site. If you fail to terminate your account or to remove your profile, or if you use the Site after the effective date of an amendment, that will be your consent to the amended version of the Terms of Use, including the Privacy and Information Security Policy.
Termination/Cancellation
Either party may terminate or cancel use of the Site, at any time and for any or no reason, including without limitation with respect to cancellation by us, if we believe in our sole discretion that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Each party agrees to give notice of termination or cancellation by email. Upon termination or cancellation, your right to use the Site will immediately cease and we may immediately deactivate or delete your account, User Name, and password, and all related information and files associated with it, and/or bar any further access to such information or files. Licensees of User Materials may keep and use them under the licenses you granted. You agree to keep for your files your own copies of all User Materials or other information that is yours and acknowledge that will not provide information or files to you after any termination or cancellation.
Copyright Infringement and Copyright Agent
We respect the intellectual property of others, and we ask our visitors to do the same. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement. If you are the owner of a copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
(A) a physical signature of the person authorized to act on behalf of he owner of the copyright or other intellectual property interest;?(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;?(C) a description of where the material that you claim is infringing is located on the Site;?(D) your address, telephone number, and email address;?(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;?and?(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
To HHG:
Harvest Hospitality Group: PO Box 1011, 526 Regent St. Niagara-on-the-Lake, ON, L0S 1J0
Tel:(905) 468-6083
Fax:(905) 468-6680
info@harvesthg.com
http://www.harvesthg.com
Disputes and Governing Law
The Terms of Use (including the Privacy and Information Security Policy) and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of or activity relating to the Site, HHG Content, User Materials or anything else, shall be governed and construed in accordance with the laws of that state of New York, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms of Use or your use of the Site, you consent to the jurisdiction of and venue in the state or federal courts in Niagara, Ontario.
Indemnity
You agree to defend, indemnify and hold harmless us, our service providers and agents from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, access to, or activities in connection with, the Site; (b) any violation of these Terms of Use by you or through your account; (c) any allegation that any User Material or posting that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, publicity, or other intellectual property or other rights of any third party, including but not limited to privacy and data protection rights; or (d) any claim that your User Materials or postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
International Users; Void Where Prohibited
The Site is controlled, operated and administered by us from our offices within Canada. We make no representation that the Site is appropriate or available for use anywhere, including (without limitation) at locations outside of the United States or Canada where HHG Contents, User Materials or other information or rights or activities relating to the Site might be illegal or prohibited. If you access this Site from a location outside of the United States or Canada, you are responsible for compliance with all local laws. Moreover, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in any (if any) sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any Service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
No Harvesting or Dictionary Attacks
We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, emails except as authorized by appropriate personnel or policies. Except for parties authorized to have those addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
General
Waiver. Any failure by us to enforce any of its rights under these Terms of Use or applicable laws shall not constitute a waiver of our rights.
Severability. If any provision of these Terms of Use is found to be invalid, you and we will endeavor to give effect to the intent reflected in that provision while also honoring the allocation of risks hereunder, and the remaining Terms of Use shall retain their full force and effect.
Headings. The headings titles in these Terms of Use do not supplant or alter and text of these Terms of Use.
Notices and Writings. You agree that we may provide you with notices in connection with the Site by e-mail or letter. “Written” or “writing” in these Terms of Use means an electronic or non-electronic record (such as an email or paper letter), except as otherwise noted.
Force Majeure. Neither we nor our service providers or agents will be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond our or their reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Entire Agreement: These Terms of Use are the complete and exclusive statement of the agreement between you and HHG and this agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and HHG relating to its subject matter.
© 2010 Harvest Hospitality Group and/or its suppliers. All rights reserved.
