Auburn Bay

Terms of Use

Using this Website

By using this website, you signify your agreement with these Terms of Use. If you do not agree with any of the Terms of Use, do not use this website. We reserve the right, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by all such modifications, alterations or updates.

Submission and Conduct

You acknowledge and agree:

(a) that all Content submitted or posted to this website becomes our property and we are entitled to use the Content without restriction, indefinitely, unless submitted in accordance with a separate Content submission agreement in writing with us.

(b) that we are not responsible for any Content posted on our website by third parties.

(c) that we have no obligation to display, or host information or material posted by users and we may remove such Content from this website at any time for any reason, without further notice.

(d) to not post any Content on this website that invades privacy or is threatening, defamatory, obscene, excessively violent, discriminatory, pornographic, abusive, or that violates any law or advocates illegal activity. We will fully co operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such e mail or Content and you consent to such disclosure.

(e) not to damage, disable, attack, deface, or attempt unauthorized access to this website or server, or a third party website or server, either directly or indirectly, using the Services or otherwise.

(f) not to use the Services to post messages, email or Content to this website or other users in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

(g) to indemnify and hold us harmless from any and all losses, costs, claims, damages, expenses and liabilities suffered, sustained, paid or incurred by us as a result of your misuse of this website or breach of the Terms of Use.

Privacy

We take seriously the privacy concerns of the visitors to its websites on the Internet. Our Privacy Policy is available for you review.

For posting items on this website, we require from you the following information:

  • name
  • address
  • Email Address
  • user name
  • password

This information allows us to verify that you are a Member in Good Standing and for initial interface personalization and access to the Content at and Services at this website.

We collect personal information from you where you choose to provide that information to us. We do not use techniques that collect personal information about you without your knowledge, except to the extent stated in these Terms of Use. We will not collect personal information about children under thirteen years of age, where we have been notified that particular users are children, except with the express, positive consent of their parent or guardian.

Meanings of Words

In these Terms of Use:

  • "we" and "our" and "us" and the "Association" refers to the Auburn Bay Residents Association.
  • "you" refers to each person accessing this website using your user identification and password.
  • "Community" means the neighbourhood for which the Association exists.
  • "Good Standing" means being in compliance with all requirements of membership of the Association and not being in default of payment of any amounts due to the Association.
  • "Member in Good Standing" means every person who:
        - owns a single family residential property, condominium unit, commercial unit or rental development in the Community and is in Good Standing, or

      - is a Tenant Member occupying a unit in a rental development, in the Community.
  • "Tenant Member" means each person:
        - who is a tenant of a single family residential property or condominium unit in the Community,

        - who has a written transfer of membership rights from the owner of such property or unit for the duration of the tenancy, and

      - whose landlord is a Member in Good Standing as determined by the Association.

Passwords and Access

By using this website you represent and warrant to us that you are a Member in Good Standing and have been granted access to this website by us as an authorized user. In connection with accessing this website you have created or been assigned a password. You agree to take reasonable precautions to guard the secrecy of your password. You agree that all information and instructions received from a user accessing this website through your user identification and password are deemed to have been made by you and are binding upon you. You will promptly notify us if you discover that your password has been disclosed to another person.

If you cease to be a Member in Good Standing, we can suspend or terminate your access to this website and the various services offered by and through it.

Services

From time to time, we may make available for your use various services, including discussion boards, chat rooms, web based e-mail accounts, online calendars, and e-commerce services (collectively, the "Services"). The Services are available for personal, non-commercial use by Members in Good Standing. We reserve the right to disable or discontinue access to this website, the Services or Content (as defined later in these Terms of Use) at our sole discretion and without further notice, for any reason.

Trade Marks, Copyrights and Restrictions

We control and operate this website. Our contact information website is set out at the end of these Terms of Use. All material, including, but not limited to text, images, audio, animation, video, film or other digitized data or code (collectively, "Content") available at this website are protected by applicable copyright, trade mark, patent, trade secret laws and moral rights which are owned and controlled by us or by other parties which have licensed their material to us. Content from this website (including any logos, designs or other trade-marks) may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our express written consent. Modification or use of Content for any purpose other than those uses for which this website is designed, or as set out in these Terms of Use, is a violation of our intellectual property rights and is prohibited. For purposes of these Terms of Use, the reposting of any Content obtained from this website to any other website or networked computer environment is prohibited without our prior written consent.

Linked Websites

Whether or not we are affiliated with websites which may be hyperlinked to this website ("Linked Websites"), we are not responsible or liable for Content posted or available at Linked Websites. We do not screen or review websites before making links nor do we monitor Linked Websites to ensure suitability or continued suitability of the Content posted or available at such Linked Websites. Linked Websites are for your convenience only and you access them at your own risk. You will release us from all liability for any damage or loss you might suffer as a result of any Content at a Linked Website. Hyperlinks may not be created between this website and others without our express written consent. Should we permit you to create a hyperlink to our website, you agree not to frame our website in such a manner as to disguise authorship, origin, attribution or intellectual property rights. Should we permit you to create a hyperlink to our website, you will remove such hyperlink immediately upon demand from us.

Disclaimer

The Content and Services on this website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the Content or the Services will be uninterrupted or error free, nor that defects will be corrected, nor that our website or the server that make it available are free of viruses or other harmful components or code. We do not warrant or make any representations regarding the use or the results of the use of the Content or Services available at this website, in terms of correctness, accuracy, reliability, or otherwise. You (and not we) assume the entire cost of all necessary servicing, repair or correction to any computer you use to access this website. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. Any Content or Services that you read, access or download from our website is provided solely for entertainment, promotional or personal use. Opinions, ideas, concepts and images in Content accessed or displayed on our website whether by the Services, on bulletin boards, chat rooms, or otherwise, are not necessarily ours or our affiliated or related entities and we make no representations or warranties regarding such Content. Furthermore, neither we nor our affiliated entities or appointees are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on the Services or Content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided or accessible by way of this website.

Jurisdictional Issues

(a) Unless otherwise specified, the Services and Content at this website are presented solely for the purpose of promoting community services, programs, and certain products available in Canada. This website is controlled and operated by us from our offices within the Province of Alberta, Canada. We make no representation that Content or Services on our website is appropriate or available for use in other locations. If you choose to access this website from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable to such access.

(b) This agreement is governed by, construed and enforced in accordance with the laws of the Province of Alberta, and the applicable federal laws of the Dominion of Canada as applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or we bring to enforce this agreement, or in connection with, any matters related to this website, shall be brought only in the courts of the Province of Alberta, and you expressly consent to the jurisdiction of said courts. Having obtained a judgment, order or decree from an Alberta court, we can enforce that judgment, order or decree against you by way of proceedings in such other courts in such jurisdictions as we consider appropriate. If any provision of this agreement is unlawful, void, or for any reason unenforceable, then that provision is deemed severed from this agreement and does not affect the validity and enforceability of any remaining provisions.


Contact Information:

E-mail: residentsassociations.calgary@brookfieldrp.com
4906 Richard Road SW
Calgary, Alberta T3E 6L1