This version in effect since July 19, 2011.
PLEASE READ THIS AGREEMENT (THE “AGREEMENT”) CAREFULLY AS IT GOVERNS YOUR USE OF THE LAS VEGAS CME.COM INC. (REFERRED TO AS “LAS VEGAS CME”, “WE”, OR “US”) WEBSITE. THIS AGREEMENT EXEMPTS LAS VEGAS CME, AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. NOTE THAT CERTAIN PORTIONS OF THE AGREEMENT, NAMELY SECTION 9, APPLIES ONLY TO USERS OF THE WEBSITE WHO HAVE RECEIVED A USERNAME AND PASSWORD (COLLECTIVELY, A “USER ACCOUNT”) THAT CAN BE USED TO ACCESS PORTIONS OF THE WEBSITE.
IF YOU DO NOT AGREE WITH ANY TERM SET OUT IN THIS AGREEMENT YOU MUST IMMEDIATELY DISCONTINUE THE USE OF THIS WEBSITE (AS HEREINAFTER DEFINED).
2. Your Acceptance of this Agreement
(a) For the purposes of this Agreement “Applicable Law” means any law of any domestic or foreign legislative, executive, judicial or administrative body or person that has or purports to have power to apply law in the relevant circumstances. This includes any statute, treaty, regulation or rule passed by such a body or person.
(b) This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Las Vegas CME regarding your access to and use of the lasvegasCME.com website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement also provides benefits to Las Vegas CME’s affiliates, service providers, suppliers and other persons.
(c) Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. You are only authorized to access or use the Website if you agree to abide by all Applicable Laws and to this Agreement. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, and while it contains information on the sales process, it is not an offer to sell any product or service.
(d) This Agreement is in addition to any other agreement you may have with Las Vegas CME, including any software license agreements.
3. Permission to use the Website
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under Applicable Law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all Applicable Laws. We reserve the right to request proof of identification and age.
4. Changes to this Agreement
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement as it relates to future use of the Website at any time without further notice. If we do this, we will post a revised Agreement on the Website. By accessing or using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
5. Ownership and permitted use of the Website
(a) The Website (all content including, but not limited to, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, animation, icons, software, designs, applications, data, music, and other elements available on or through the Website) is the proprietary property of Las Vegas CME and its licensors, with all rights reserved, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
(b) You may use the Website only in the manner described expressly in this Agreement and subject to all Applicable Laws. Provided that you are eligible to use the Website and subject to this Agreement, you are granted a limited license to use and access the Website and to download or print a copy of any portion of the Website to which you have properly gained access solely for your personal, non-commercial use, except where expressly provided otherwise (such as for the benefit of our licensees), and provided that you do not modify any of the content of the Website and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
(c) You may not access any area of the Website that you are not authorized to access or access the Website by means other than through the interface provided by Las Vegas CME. You may not interfere or attempt to interfere with the proper working of the Website or any application or link related thereto. You may not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure. You may not take any action that compromises the integrity of the Website or applications, information and data related thereto, or the operation of Las Vegas CME’s or a third party’s computer systems, including, but not limited to, sending viruses, time bombs and corrupted files. You may not reverse engineer or otherwise attempt to discover any source code or application relating to the Website. You may not use the Website including any application related thereto for any unlawful or harmful purpose or to defame or harass anyone. You may not use any robot, spider or other automatic device without Las Vegas CME’s express written consent.
(d) The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, framed, or distributed in any form or by an means, in whole or in part, without the express prior written consent of Las Vegas CME. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement. Any use of the Website and its content other than as specifically authorized herein, without the express prior written consent of Las Vegas CME, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate Applicable Laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without case.
6. Misprints and errors, product availability and prices
(a) We endeavour to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. By using or attempting to use the Website, you expressly acknowledge that we make no warranties, representations or conditions regarding the content of the Website including, but not limited to, currency, accuracy or completeness.
(b) We reserve the right to: (i) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (ii) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (iii) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (iv) limit quantities available for sale or sold.
(c) The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts shown appearing on the Website are quoted in the currency stated, are subject to confirmation and change by us.
7. Trade-mark information
(a) Las Vegas CME and other names, domain names, and logos appearing on or in connection with Website (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Las Vegas CME or their respective owners or licensees.
(b) Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
8. No linking, framing, mirroring, scraping, data-mining or postings
Links to the Website without the express written permission of Las Vegas CME are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. We may in our discretion cancel and revoke any permission we may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. Any permission to create links to the Website only applies to the homepage, lasvegasCME.com, unless such permission is in writing and grants explicit permission to link to one or more specific pages. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
9. Login names and passwords
(a) This Section 9 only applies to you, either a reseller, customer or otherwise, if you have a Las Vegas CME User Account.
(b) Certain areas and features of the Website are accessible only to users who have been issued a User Account. For the purposes of accessing the Website, the User Account remains the property of Las Vegas CME. We may, in our discretion, cancel or suspend the User Account and deactivate or delete any related information and/or files associated with the User Account or bar access to such information and/or files at any time without any notice or liability to you or any other person.
(c) We are not under any obligation to verify the actual identity or authority of any person using a User Account to access and use the Website. We may act upon any communication that is given with the use of User Account. We may in our discretion, at any time, require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Las Vegas CME is not satisfied with such proof.
(d) If you have been issued a User Account: (i) you represent that you have reached the age of majority where you live and you can form legally binding contracts under Applicable Law; (ii) you represent that you are not a person barred from receiving services under Applicable Law; (iii) you agree to provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website, by Las Vegas CME, or by vendors of Las Vegas CME products (the “Registration Data”); (iv) you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (v) you are fully responsible and liable for the security of the User Account and any and all use and misuse of the User Account; (vi) you will keep the User Account secure and confidential at all times and not disclose the User Account to any other person or permit any other person to use the User Account; (vii) you will ensure that all uses of the User Account comply with this Agreement; (viii) once you have logged-on to the Website using the User Account, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and exited from the Website; and (ix) you will immediately notify Las Vegas CME by telephone 403-580-2822 or email to: email@example.com if you know or suspect that any User Account have been lost or stolen or become known to or used by any other person.
10. Software agreements
(a) We may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and any downloading and use of the software by you is governed by the applicable software license agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable software licence agreement and this Agreement, to the extent applicable.
(b) You assume the entire risk related to the use of all downloaded software. Las Vegas CME is providing this program “as is,” and shall not be liable for indirect, special, incidental, exemplary, punitive, aggravated or consequential damages (including, without limitation, lost profits or revenue) resulting from the licensee's use or inability to use the software, arising from any cause of action whatsoever, and regardless of the form or cause of action, to the fullest extent permitted by Applicable Law.
11. Your information
12. Disclaimers, liability exclusions/limitations and indemnity
(a) DISCLAIMERS: YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY LAS VEGAS CME TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) LIABILITY EXCLUSIONS: LAS VEGAS CME AND ITS PROVIDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY LAS VEGAS CME OR ANY PERSON FOR WHOM LAS VEGAS CME IS RESPONSIBLE, AND EVEN IF LAS VEGAS CME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
(c) ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS: THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
14. Other sites/resources
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Las Vegas CME, and Las Vegas CME has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Las Vegas CME does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Las Vegas CME arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Las Vegas CME, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
15. Articles and Other Resources
From time to time there may be informational articles or other informational resources available on the Website (collectively “Articles”). These Articles are the opinion of the author only and does not imply the expression of any opinion on the part of Las Vegas CME. These Articles should not be taken as medical advice. Las Vegas CME assumes no responsibility for the content, accuracy, reliability, or currency of the Articles.
(a) Notwithstanding any other provision of this Agreement, Las Vegas CME may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend or terminate the Website, or any part thereof, including, but not limited to:
(i) restricting the time the Website is available;
(ii) restricting the amount of use permitted; and
(iii) restricting any user’s right to use or access the Website. Las Vegas CME may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
(b) If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Las Vegas CME will continue to apply and be binding upon you regarding your prior access to and use of the Website, or any part thereof, and anything connected with, relating to or arising therefrom.
17. Governing law and dispute resolution
(a) This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the province of Alberta, Canada and applicable federal laws of Canada. To the extent permitted by Applicable Law, you hereby irrevocably submit and attorn to the original and exclusive jurisdiction and venue of those courts and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
(b) Except where prohibited by Applicable Law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of, connected with, or relating to:
i) the Website;
(ii) this Agreement and its interpretation; or
(iii) the relationship which results from this Agreement (collectively “Disputes”) will be determined by the courts of the Queen’s Bench of Alberta, Medicine Hat.
18. USE BY EMPLOYEES
If you are an employee of Las Vegas CME, in addition to the terms of this Agreement, your use of the Website as an employee must at all times also be consistent with the Las Vegas CME Code of Conduct contained in the Employee Handbook and other related statements, policies and procedures that Las Vegas CME may implement from time to time.
19. OTHER MATTERS
(a) If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement enures to the benefit of and is binding upon each of Las Vegas CME and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Las Vegas CME may assign this Agreement and its rights and obligations under this Agreement without your consent. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
(c) Any rights not expressly granted by this Agreement are reserved to Las Vegas CME.
(d) You may contact Las Vegas CME by telephone, email, or postal mail: http://lasvegascme.com/contact-us
(e) If any provision of this Agreement is, for any reason, found by a court of competent jurisdiction to be invalid and/or unenforceable, such provision shall be removed from this Agreement and shall not affect the enforceability of the remainder of the Agreement.