Last modified: September 9, 2019

Acceptance of Website Terms and Conditions of Use

The terms and conditions of use for this website set forth herein create a legal agreement and is entered into by and between you and the Commissioner of the Public Inquiry into Anti-Alberta Energy Campaigns (the "Inquiry"). The following terms and conditions ("Terms and Conditions"), govern your access to and use of the website, including any content on or through this website (the "Website").

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

Modifications to the Terms and Conditions and to this Website

The Inquiry reserves the right in its sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance.

The information and material on this Website, and this Website, may be changed, withdrawn or terminated at any time in the Inquiry’s sole discretion without notice. The Inquiry will not be liable if, for any reason, all or any part of this Website is restricted to users or unavailable at any time or for any period.

Intellectual Property Rights and Ownership

You understand and agree that this Website and its entire contents, features, and functionality, including, but not limited to, all information, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Inquiry, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Inquiry’s name and all related names, logos, product and service names, designs, images and slogans are trademarks of the Inquiry or its affiliates or licensors. You must not use such marks without the prior written permission of the Inquiry. Other names, logos, designs and images mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use this Website as directed, and for no unlawful or commercial use.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through this Website.

Copyright of this website (and materials on it) are protected by the Copyright Act and are either owned or licensed by the Inquiry.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use this Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits (collectively, "submit") to this Website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

  • (a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at albertainquiry.ca/privacy.
  • (b) In any manner violate the terms of use of any third-party website that is linked to this Website, including but not limited to, any third-party social media website.
  • (c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Inquiry's sole discretion.
  • (d) Involve stalking, attempting to exploit or harm any individual (including the Commissioner or any representative of the Inquiry) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
  • (e) Involve, provide or contribute any false, inaccurate or misleading information.
  • (f) Impersonate or attempt to impersonate the Inquiry, an Inquiry representative or person appointed by the Inquiry, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • (g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  • (h) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm the Inquiry or users of this Website or expose them to liability.
  • (i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • (j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • (k) Give the impression that they originate from or are endorsed by the Inquiry or any other person or entity, if this is not the case.

User Submissions: Grant of Licence

This Website may allow User Submissions on or through this Website or by email to the Inquiry, unless the Commissioner deems it in writing, in his absolute discretion, to be otherwise. None of the User Submissions you submit to this Website will be subject to any confidentiality by the Inquiry. By providing any User Submission to this Website, you grant the Inquiry and its affiliates and service providers the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or incorporate such material into any form, medium or technology throughout the world without; (a) further notice to you, and (b) compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and the Inquiry’s affiliates and service providers, and the User Submissions comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Inquiry, nor the Commissioner, nor any of the Inquiry's, counsel, clerks, reporters, assistants, experts, persons having special technical or other knowledge, other qualified persons, representatives, agents, service providers and contractors are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The Inquiry is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of this Website.

Site Monitoring and Enforcement, Suspension and Termination

The Inquiry has the right, without provision of notice, to:

  • Remove or refuse to post on this Website or otherwise obtain for use by the Inquiry any User Submissions for any or no reason in its sole discretion.
  • At all times, take such actions with respect to any User Submissions deemed necessary or appropriate in its sole discretion, including, without limitation, for violating this Website and User Submissions and Site Content Standards or Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of this Website. Without limiting the foregoing, the Inquiry has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Inquiry to disclose the identity or other information of anyone posting any materials on or through this Website.
  • Terminate or suspend your access to all or part of this Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE INQUIRY AND THE COMMISSIONER, COUNSEL, CLERKS, REPORTERS, ASSISTANTS, ADVISORS, EXPERTS, PERSONS HAVING SPECIAL TECHNICAL OR OTHER KNOWLEDGE OR OTHER QUALIFIED PERSON, REPRESENTATIVES, AGENTS, SERVICE PROVIDERS AND CONTRACTORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE INQUIRY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE INQUIRY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

No Reliance

The content on this Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on this Website.

Although the Inquiry makes reasonable efforts to update the information on this Website, we make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up to date. Your use of this Website is at your own risk and neither the Inquiry nor the Commissioner, nor the Inquiry's counsel, clerks, reporters, assistants, experts, persons having special technical or other knowledge, other qualified persons, representatives, agents, service providers and contractors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Inquiry, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Inquiry. Neither the Inquiry nor the Commissioner, nor the Inquiry's counsel, clerks, reporters, assistants, experts, persons having special technical or other knowledge, other qualified persons, representatives, agents, service providers and contractors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting any of your personal information and using this Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content and/or submissions in compliance with our Privacy Policy, found at albertainquiry.ca/privacy, as we deem necessary for use of this Website, including the collection and use of information through cookies.

Third Party Websites

For your convenience, this Website may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Geographic Restrictions

The Inquiry is based in Alberta, Canada. If you access this Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE INQUIRY NOR THE COMMISSIONER, NOR THE INQUIRY'S, COUNSEL, CLERKS, REPORTERS, ASSISTANTS, EXPERTS, PERSONS HAVING SPECIAL TECHNICAL OR OTHER KNOWLEDGE OR OTHER QUALIFIED PERSON, REPRESENTATIVES, AGENTS, SERVICE PROVIDERS AND CONTRACTORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THIS WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE INQUIRY NOR THE COMMISSIONER, NOR THE INQUIRY'S COUNSEL, CLERKS, REPORTERS, ASSISTANTS, ADVISORS, EXPERTS, PERSONS HAVING SPECIAL TECHNICAL OR OTHER KNOWLEDGE OR OTHER QUALIFIED PERSON, REPRESENTATIVES, AGENTS, SERVICE PROVIDERS AND CONTRACTORS REPRESENT OR WARRANT THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THIS WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE INQUIRY NOR THE COMMISSIONER, NOR THE INQUIRY'S COUNSEL, CLERKS, REPORTERS, ASSISTANTS, ADVISORS, EXPERTS, PERSONS HAVING SPECIAL TECHNICAL OR OTHER KNOWLEDGE OR OTHER QUALIFIED PERSON, REPRESENTATIVES, AGENTS, SERVICE PROVIDERS AND CONTRACTORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THIS WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Inquiry, the Commissioner, and the Inquiry's counsel, clerks, reporters, assistants, advisors, experts, persons having special technical or other knowledge or other qualified persons, representatives, agents, service providers and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees on a solicitor-and-its-own-client, full indemnity basis) arising out of or relating to your breach of these Terms and Conditions or your use of this Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Jurisdiction

This Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Alberta or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the City of Calgary, in the Province of Alberta through the Court of Queen’s Bench of Alberta and/or the Federal Court of Canada, as applicable, and specifically, and each party irrevocably submits to the non-exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and the Inquiry’s Privacy Policy constitute the sole and entire agreement between you and the Inquiry regarding this Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This website is operated by the Pubic Inquiry Into Anti-Alberta Energy Campaigns.

Should you become aware of misuse of this website including libelous or defamatory conduct, you must report it to the Inquiry at submissions@albertainquiry.ca.*

All other feedback, comments, requests for technical support, and other communications relating to this Website should be directed to submissions@albertainquiry.ca.*

 


* By emailing this address, you acknowledge that you have read and agree to the Privacy Policy and Terms and Conditions of Use of this website.