These Terms of Use set forth the standards of use of this services and products available at or through this site (collectively, the "site"). This site is operated by desert.ca ("we" or "us"). By signing up for service from the site, you agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update these Terms of Use. Modifications will become effective immediately on being posted on this site. Your continued use of the site after modifications are posted constitutes an acknowledgement and acceptance of these Terms of Use and the modifications. Except as provided in this paragraph, these Terms of Use may not be modified. This site is available only to individuals who are at least 13 years old.
If you create an account on this site, you are responsible for maintaining the security of your account, and you are responsible for all activities that occur under the account and any other actions taken in connection with your vanity email address. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
You may not sign up for email addresses that infringe upon third-party trademarks; that violates or infringes in any way on the rights of others or which are unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable.
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use this site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You are prohibited from using this site to facilitate mail abuse or unsolicited email or content of any type (spam), machine- or randomly-generated content, or unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search-engine rankings of third-party sites. We reserve the right to refuse service to you for violation of this paragraph.
We are not responsible or liable for any emails sent using your vanity email address. We reserve the right to reveal your identity (or whatever information we know about you) if a comp laint or legal action arises from your behaviour. You acknowledge that you are solely responsible for emails originating from your account.
Unless otherwise noted, all content on this site is subject to intellectual-property rights including copyrights and trademarks held or licensed by us, including, without limitation, the word and logo marks desert.ca. Neither these Terms of Use nor your use of this site transfer from us to you any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us.
Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through thi s site, we do not guarantee the security of any information transmitted to or from this site, including to or from any third-party websites linked to this site. Submission of any financial (e.g. credit card) or other information to this site or to any third-party websites linked to this site is entirely at your own risk and responsibility.
Registration data and other information submitted by you is subject to our Privacy Policy. By using this site, you consent to the collection and use of this information in accordance with our Privacy Policy.
We, for any reason and at our sole discretion, may decide that any person shall be denied access to any part of this site. By agreeing to these Terms of Use, you agree to cease and desist immediate ly from any attempt to access this site on issuance of a denial.
We will in good faith endeavour to provide uninterrupted service to this site, but you acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to this site, and operation of this site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. If this site is purchased by a third-party, current subscribers will have the option of maintaining their subscription with the new owners, or can choose to be refunded for the remaining time on their account at a prorated rate.
This site may include links to other sites on the Inter net that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible for your use of those sites. If a third party links to this site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us or this site. We make no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall b e at your own risk.
This site is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this site. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THIS SITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS SITE. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THIS SIT E WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS SITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THIS SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential dam ages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.
The site is operated and provided in Alberta, Canada. As such, we are subject to the laws of the Province of Alberta. Any legal issues arising from or related to your use of this site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Province of Alberta applicable to contracts entered into and wholly to be performed within Alberta. By using this site, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the Province and provincial courts in Alberta, Canada, with respect to all such disputes. We make no representation that this site is appropriate, legal or available for use in other locations. Accordingly, if you choose to use this site, you agree to do so subject to the internal laws of the Province of Alberta.
If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us and you in relation to this site. Our failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Privacy Policy and the Copyright/Intellectual Property Policy are a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between us and you w ith respect to your use of this site. Any cause of action you may have with respect to your use of this site or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.