Terms and Conditions

Last Amended: April 8, 2019

This website and any services and tools the website offers, including but not limited to the Sailing Plan Mobile Application and the Sailing Plan Dashboard (including upgrades, modifications or additions thereto) (collectively, the “Application”) are owned and operated by Limnology Research Corporation (“LRC”, “we”, “our” and “us”), including where applicable, any affiliates of LRC. By accessing, downloading or using the Application, you agree to be bound by these Terms and Conditions and our Privacy Policy.

About These Terms and Conditions: These Terms and Conditions, and the associated Privacy Policy govern your access to and use of the Application. You should read these Terms and Conditions and the Privacy Policy carefully before using this Application. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVISIONS AS WELL AS IMPORTANT DISPUTE RESOLUTION PROVISIONS WHICH INCLUDE MANDATORY ARBITRATION AND RESTRICTIONS ON CLASS ACTIONS AND OTHER REPRESENTATIVE PROCEEDINGS.

Modifications to the Terms and Conditions: LRC may revise and update these Terms and Conditions at any time. Your continued usage of the Application after any changes to these Terms and Conditions will mean you accept those changes. A notification of any changes to the Terms and Conditions will be posted prominently on the Application home page. The date on which these Terms and Conditions were last amended appears at the top of these Terms and Conditions.

Eligibility, Residence, Age: The Application is only intended for use by residents of Canada. By registering and using the Application, you represent and warrant that you are a legal resident of Canada. The Application is not intended for use by minors. For the purposes of these Terms and Conditions, a “minor” is someone who has not reached both: (a) the age of nineteen; and (b) the age of majority in the applicable jurisdiction from which the Application is being accessed. If you are a minor, you are not permitted to access or use the Application. By signing up to use the Application, you represent and warrant that you are at least 19 years of age, and that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions of these Terms and Conditions.

Site Registration and Password: To use the Application you must register with the Application as a user and create an account (“Account”). When registering, you are required to provide all of the “Registration Information” requested from the Application. Once you have completed the registration process you will become a “Registered User”. During the registration process for your Account, you are required to create a password, and user identification (a “User ID”). Your password and User ID will identify you and associate you with your Account. Your password is the key to your Account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you do share your password, your Account information, Registration Information or your personal information with others, remember that you are responsible for all actions taken in the name of your Account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify LRC and change your password. You represent and warrant that all Registration Information you provide to LRC in respect of your Account is true and correct in all material respects.

Responsibilities: You are responsible for maintaining the confidentiality of your User ID and password and are fully responsible for all activities that occur under your password or Account. You agree to: (a) immediately notify LRC of any unauthorized use of your Account or any other breach of security; and (b) ensure that you log out from your Account at the end of each session. You agree that you are responsible for all activities performed using your Account and that LRC has no liability whatsoever for any loss, liability, or damage arising from your failure to comply with your obligations while accessing the Application. You are responsible for updating all Registration Information and other relevant information you provide to LRC and to ensure that your Account is kept up-to-date.

Use of the Application: You agree when registering for an Account and User ID to provide LRC with true, accurate, current, and complete information. In order to use the Application, LRC may receive location and search information related to your use of the Application. In using the Application, you allow LRC to obtain, use and share this location. Such information is subject to LRC’s Privacy Policy. The Application stores and processes personal information and data that you have provided so that you can file a sailing plan. It is your responsibility to keep your phone or other electronic device (collectively, the “Device”) that accesses the Application secure. LRC will take no responsibility for the security of your Device. LRC will take no responsibility for your Device’s ability to download and store the Application, or for the use or creation of a sailing plan. LRC will take no responsibility for the quality of internet connection, data usage, third party and/or roaming charges that may be incurred in using the Application.

Prohibited Use of the Application: While using the Application you will not:

be fraudulent;
infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violate any laws, third party rights or our policies;
use the Application if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from using the Application;
use the Application in any manner which could damage, disable, overburden or impair this Application;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information) regarding the Application;
transfer your Account and User ID to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes regarding the Application;
interfere with the security of, or otherwise abuse, the Application, or any services, system resources, accounts, servers or networks connected to or accessible through the Application or affiliated or linked sites;
distribute viruses or any other technologies that may harm the Application or the interests or property of other users of the Application;
use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Application;
attempt to obtain unauthorized access to the Application which are restricted from general access;
copy, modify or distribute rights or content from the Application or LRC’s copyrights and trademarks;
harvest or otherwise collect information about other users of the Application, including email addresses, without their consent.

Abuse and Infringement: LRC works to keep the Application working properly. Please report problems, offensive content and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate any user Account, limit access to the Application, prohibit access to the Application and its content, delay or remove hosted content, and take technical and legal steps to keep users off the Application if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of LRC or third parties, or otherwise acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Registered Users who may be repeat infringers of intellectual property rights of third parties or for other reasons. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or to modify or discontinue the Application at our discretion.

No Spam, Spyware or Spoofing: LRC does not tolerate spam. Make sure to set your Application communication preferences so we communicate to you as you prefer. You may not use our communication tools to send spam or otherwise send content that would violate these terms and conditions.

Payment of Fees: Unless otherwise stated, all prices are quoted in Canadian Dollars. You are responsible for paying all fees, costs and applicable taxes associated with the Application in a timely manner with a valid payment method. If your payment method fails or your Account is otherwise past due, we may collect amounts owed using other collection mechanisms, or seek other remedies, including the limitation, suspension or termination of your Account. This also includes charging other payment methods on file with us, and retaining collection agencies and legal counsel for any past due accounts.

Accuracy of the Application: The information, software, products, services, data and content that is provided through the Application (collectively, the “Content”) is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Application is regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. LRC assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. LRC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Application or the Content contained therein, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, which appears on the Application. Under no circumstances will LRC be responsible for any loss or damage resulting from your reliance on information or other Content posted on the Application. By using the Application, you acknowledge and agree that LRC and its respective affiliates, shareholders, directors, officers, and employees are not and will not be subject to any liability based on any errors or omissions in the Content, whether or not any of such persons knew or should have known of any such errors or omissions in the Content or were responsible for or participated in the inclusion or omission of the Content.

Content and Intellectual Property Rights: ©2019 LRC or its suppliers. All rights reserved. The copyright for the Content for this Application is owned or licensed by LRC and is protected under the Copyright Act (Canada), through common law rights, and by other copyright laws in other countries. No material on this Application may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of LRC. Nothing on the Application, or your use of the Application, shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary rights of LRC or any third party, whether by estoppel, by implication or otherwise, including any patent, trademark, copyright, trade secret, or confidential information.

Trademarks: The product names, company names and logos of LRC or any affiliate used on this Application may be trademarks, including registered trademarks of LRC. Such product names, company names and logos of LRC may not be copied, imitated or used, in whole or in part, without the prior written consent of LRC and any owners or other relevant parties relating to the trademarks. Other product and company names mentioned on the Application may be the trademarks of their respective owners.

Reservation of Rights: The Application or other of LRC’s methods and processes may be covered by one or more patents, other statutory intellectual property rights or non-statutory intellectual property rights held by LRC or a third party, and may be subject to trade secret and other proprietary rights. LRC and any applicable third parties reserve all such rights.

Privacy: We use your information only as described in the Privacy Policy, which may be found here: https://sailingplan.ca/privacy

Confidentiality: The Internet is not a secure means of communication and the privacy, integrity, or authenticity of any communication over the Internet between you and LRC will not be liable for any damages you may suffer if you communicate confidential information over the Internet or if LRC communicates such information to you at your request.

Outbound Links: The Application may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and a function of the Application, not as an endorsement by LRC. LRC makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website. LRC may receive payments or commissions from operators of linked websites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Application.

No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Disclaimers, Indemnification and Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LRC IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY (INCLUDING DEATH) OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER AND HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION.

IF YOU CHOOSE TO USE THE APPLICATION, YOU DO SO AT YOUR SOLE RISK. THE APPLICATION AND ANY FUNCTIONALITY OF THE APPLICATION ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LRC EXPLICITLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY LAW. LRC MAKES NO REPRESENTATION OR WARRANTY THAT THE APPLICATION, THE CONTENT OR ANY FUNCTIONALITY WILL MEET YOUR SPECIFIC REQUIREMENTS OR INTENTIONS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS. LRC MAKES NO WARRANTY REGARDING THE QUALITY OF THE APPLICATION OR ANY FUNCTIONALITY OF THE APPLICATION, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, CORRECTNESS OR RELIABILITY OF ANY CONTENT ON THE APPLICATION, AND THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED IN A TIMELY MANNER, TO THE MAXIMUM EXTENT PERMITTED BY LAW

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LRC OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APPLICATION, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION. YOU UNDERSTAND THAT LRC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE APPLICATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LRC AND ITS AFFILIATED OR RELATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, (1) YOUR USE OR INABILITY TO USE THE APPLICATION, (2) YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE APPLICATION, OR (3) ANY OTHER MATTER RELATED TO THE APPLICATION.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES WHILE USING THE APPLICATION CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY HARM OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH YOUR ACTIVITIES WHILE USING THE APPLICATION, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF LRC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU AGREE AND ACKNOWLEDGE THAT YOU WILL ASSUME FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE APPLICATION, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE APPLICATION IS MADE ENTIRELY AT YOUR OWN RISK. LRC HEREBY INFORMS YOU THAT ALL APPLICABLE RULES AND LAWS ARE TO BE COMPLIED WITH AT ALL TIMES WHILE USING THE APPLICATION AND THAT SUFFICIENT ATTENTION SHOULD BE PAID TO SAILING AND NAVIGATION TO NOT COMPROMISE YOUR OWN SAFETY OR THE SAFETY OF OTHERS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LRC IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE APPLICATION, OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE APPLICATION, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF LRC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

FROM TIME TO TIME, LRC MAY OFFER NEW FEATURES OR TOOLS ASSOCIATED WITH THE SITE WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT LRC’S SOLE DISCRETION. THE PROVISIONS OF THIS LIABILITY DISCLAIMER SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

THE PARTIES TO THESE TERMS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.

You agree to release, defend, indemnify, and hold LRC, including all affiliates and subsidiaries, and all officers, directors, employees and agents of LRC directly or any affiliate or subsidiary, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Application or your violation of these Terms and Conditions.

Notices: Except as explicitly stated otherwise, legal notices shall be served to you to the email address you provide to LRC during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given five days after the date of mailing.

Disputes Resolution: THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of the Application, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the British Columbia International Commercial Arbitration Centre (the “BCICAC”) Canadian Arbitration Shorter Rules for Domestic Arbitrations, which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by LRC and you). The place of the arbitration shall be Kelowna, British Columbia. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts in British Columbia for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, LRC may seek preliminary injunctive relief from any court of law having competent jurisdiction in the event of a breach by you.

Applicable Law: These Terms and Conditions and any associated disputes shall be governed in all respects by the laws of the province of British Columbia and the applicable federal laws of Canada, without regard to any conflicts of law provisions. You agree to submit to the jurisdiction of the provincial and federal courts in British Columbia for the purposes of any claim or dispute arising out of these Terms and Conditions.

Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions by your use of the Application, or by registering an Account and will remain in full force and effect unless and until terminated hereunder. You acknowledge that LRC has the right, in its sole discretion, to terminate your access to the Application, to terminate any account, remove any inappropriate content that you submit to the Application at any time without notice to you, or limit or deny your access to or participation in any services offered by LRC without liability to you or any third party, if you violate any of these Terms and Conditions, violate any rights of LRC, interfere with any other user’s access or use of the Application, or if LRC decides in its sole discretion for any reason that your use is otherwise detrimental to the Application, LRC or its suppliers or licensors. If you believe that someone has violated these Terms and Conditions, you may contact LRC. LRC may decide, in its sole discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. LRC does not have any obligation or liability to you for the performance or non-performance of those activities. In the event of any termination of these Terms and Conditions for any reason, the following provisions shall survive: Notices, Dispute Resolution, Applicable Law, and Disclaimers, Indemnification and Limitation of Liability, together with all other provisions which, by their nature, are intend to survive termination.

General: LRC is located at 1450 KLO Rd, Kelowna, British Columbia, Canada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these terms and conditions.

If you have any questions, comments or concerns about these Terms and Conditions, please contact the Senior Project Manager by email at support@sailingplan.ca or by post at: P.O. Box 21011, Kelowna, BC, V1Y 9N8, Canada – with attention to the Senior Project Manager.