Terms of Use

This website ("Website") is owned and operated by Alberta Hotel & Lodging Association ("AHLA") . Access and use of this Website and its related services (the "Services") are provided by AHLA to you subject to the following Terms of Use.  Your access or use of the Website or the Services constitutes your agreement to be bound by the Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website or the Services. 

These Terms of Use were last updated on June 22, 2015.  AHLA reserves the right to revise or modify the Terms of Use at any time, at its sole discretion, and without prior notice.  Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes. You should periodically visit this webpage to review the prevailing Terms of Use.

THESE TERMS OF USE CONTAIN, AMONG OTHER TERMS, IMPORTANT LIMITS ON YOUR REMEDIES AGAINST AHLA.  PLEASE REVIEW THESE TERMS OF USE CAREFULLY.

Privacy

In the course of using this Website, you may provide or we may collect personal information about you. We are committed to protecting the privacy of the personal information of those individuals who interact with this Website.  To understand our practices, please review AHLA's Privacy Policy, which is available at http://tourismworks.ca/pages/privacy and is incorporated as part of these Terms of Use. By using this Website, you acknowledge and accept the risks that information transmitted using this Website may not be secure or private, and that any such information may be lost, intercepted or altered.

Ownership of Intellectual Property

All information and materials on this Website (collectively, the "Materials") are the property of AHLA or its licensors and may be protected by copyright, trademark and other intellectual property laws. The Materials may only be used and copied for your personal, non-commercial purposes, provided that the Materials are not modified and all copyright and other intellectual property notices contained in such Materials are maintained. Any other use of the Materials without AHLA's prior written permission is prohibited.


These trade-marks may not be used by any party without AHLA's express written consent.

Your Materials

By posting, uploading, displaying, transmitting, or otherwise distributing information or other content ("User Materials") to this Website or the Services by you or at your direction, you are granting AHLA, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use such User Materials in connection with the operation of this Website and the Services, including, a right to copy, distribute, transmit, publicly display, reproduce, edit, translate, and reformat such User Materials. You will not be compensated for any User Materials. By posting User Materials on this Website, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.

You are solely responsible for your User Materials. AHLA shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Website or the Services.

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Website or the Services and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.

Accounts

In order to access and use certain of the Services available on this Website, you may need to sign up for and maintain an account ("Account"). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account.

All of the information you provide to us or that we collect from you in connection with your use of the Website or the Services will be governed by these Terms of Use and AHLA's Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services.

You must not choose a username that: (i) infringes the rights of any third party; (ii) impersonates any AHLA employee, other users, celebrity or anyone with a considerable fame; (iii) which is deliberately confusing; or (iv) which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You cannot transfer your Account to any other person, or permit anyone to use same. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password.

Third Party Websites

This Website may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that AHLA controls, monitors or endorses these websites or the content on them.  AHLA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR ASSOCIATED WITH THE USE OF OR RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES.

Currency of Website

AHLA updates the Materials on this Website periodically.  However, AHLA cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Materials on this Website.  AHLA may revise, supplement or delete information, services and/or the resources contained in or available from this Website and reserves the right to make such changes without prior notification to you or any other past, current or prospective visitors.

For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.

Prohibited Conduct

Without AHLA's prior consent, you may not redistribute, frame, deep-link, lease, rent, sell or otherwise exploit the Materials or any other content of this Website or reverse-engineer, disassemble, or otherwise convert the Materials to any other form. 

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website.  Any conduct by you that, in AHLA's sole discretion, restricts or inhibits it or any other user from using or enjoying this Website will not be permitted.  You agree to use this Website only for lawful purposes.   and to comply with all applicable laws, rules and regulations. AHLA may, without notice, temporarily suspend your, or any other party's, access to this Website or the Services by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as AHLA may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

Communications Through the Website

You may contact AHLA through this Website by visiting http://www.tourismworks.ca/contact-us/. However, the Internet is not a fully secure medium and any communication you send to us may be lost, intercepted or altered.  AHLA is not liable for any damages relating to or arising out of communications to or from this Website. 

Payments

If you wish to purchase any Services or other items offered for sale on the Website, you must provide us with a valid Visa®, MasterCard®, or debit card number. By submitting this information to us, you give AHLA permission to charge your order to the card that you designate. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the Services or item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.

Disclaimer of Warranty

AHLA DOES NOT REPRESENT OR WARRANT THAT ACCESS OR USE OF THIS WEBSITE, THE MATERIALS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT NO COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS WILL BE TRANSMITTED FROM THE WEBSITE. AHLA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR OTHER CONTENT FROM THIS WEBSITE.


THIS WEBSITE, THE MATERIALS AND THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS",  WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

THE INFORMATION AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. AHLA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION PROVIDED ABOUT POSITIONS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, POSITION AVAILABILITY, JOB DESCRIPTION, WAGE OR SALARY, ETC.). ANY SUCH INFORMATION SHOULD BE CONFIRMED DIRECTLY WITH THE RELEVANT COMPANY OR EMPLOYER.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE MATERIALS AND THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT WILL AHLA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS AND THE SERVICES OR ANY PART THEREOF, EVEN IF AHLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, AHLA'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OR EXPLOITATION OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY OF THE MATERIALS AND THE SERVICES, WILL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the above limitations or exclusions to liability are limited to the fullest extent allowed by law.

Disputes

Any controversy, dispute, claim, question or difference (a "Dispute") arising out of or relating to these Terms of Use, the Materials, this Website, the Services or the performance, enforcement, breach, termination or validity of the matters provided for in these Terms of Use, which cannot be resolved amicably will be finally settled (to the exclusion of the courts) by confidential, binding arbitration before a single arbitrator in Edmonton, Alberta and governed by the Arbitration Act (Alberta), as amended.  Notwithstanding the foregoing, AHLA reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action or similar proceeding against AHLA relating to any dispute or disagreement and you also agree to opt out of any class or similar proceedings against AHLA. 

Applicable law

This Website is controlled, operated and administered by AHLA from within the Province of Alberta, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. By accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website will be exclusively governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any Disputes not addressed through arbitration in accordance with the above provision entitled "Disputes" will be submitted to the exclusive jurisdiction of the courts of the Province of Alberta.

General

AHLA's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any provision or part of these Terms of Use is unlawful, void or wholly or partially unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity or enforceability of any remaining provisions.