Terms of Use – BC Crown Counsel Association

These Terms and Conditions of Use are dated, 2023.

British Columbia Crown Counsel Association Website Terms of Use

Welcome to BC Crown Counsel Association’s (“BCCCA”) website. The following terms and conditions, together with any documents or additional terms, conditions or policies referred to herein or available by hyperlink (collectively, the “Terms”) apply to your use of all websites owned and operated by BCCCA, including but not limited to bcprosecutors.com, and any content, functionality, and services available on or through such websites (collectively, the “Site”).

By accessing any part of the Site, you agree to be bound by these Terms. If you do not accept and abide by these Terms, you should not access or use the Site.

Any new content, functionality or services which are added to the Site will also be subject to these Terms. We reserve the right to modify or amend these Terms without notice at any time. As such, it is important that you read these Terms on a regular basis so that you are aware of any such changes.

General Disclaimer and Limitation of Liability

WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE INFORMATION CONTAINED HEREIN (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THIS SITE). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AS “AS IS” BASIS.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

USE OF THE SITE IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SITE OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS, CONTRACTORS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR ANY PART OF THE SITE OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer Regarding Health Information

The content on this Site is provided for information purposes only. This Site is not a substitute for professional medical advice, diagnosis or treatment, or any other professional advice or service. BCCCA makes no representation and assumes no responsibility for the accuracy of information contained on, or available through, the Site or its suitability for any purpose, and such information is subject to change without notice.

To the fullest extent permissible by law, BCCCA disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.

You are encouraged to confirm any information obtained from or through the Site with other sources. Always seek the advice of a qualified health care professional concerning your care or any questions you may have regarding content of this Site. It is impossible for us or any of our employees or volunteers to be able to give every Site user personalized advice through the Site. Content on this Site is not exhaustive.

The presentation of content on the Site does not establish a physician-patient relationship between you (or someone else), us or the health care professionals or service providers featured on the Site and is not intended as a solicitation of individuals to become patients or clients of the health care professionals or service providers featured on the Site.

The presentation of content on the Site does not, and is not intended to recommend or endorse any specific brands, services, procedures, business, professions, individuals or other information that appears or that may be provided or referenced on the Site.

Protection of Visitors’ Privacy

We respect the privacy of all visitors to the Site. We do not collect your personal information, except where you provide such information in the course of using the Site. By submitting personal information to BCCCA, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of BCCCA with respect to the collection, use and disclosure of personal information are reflected in BCCCA’s privacy policy, [coming soon] (the “Privacy Policy”) and any questions in that regard may be directed to BCCCA’s privacy contact (as identified in the Privacy Policy). Should BCCCA change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention.

We may automatically collect visitors’ non-personal information such as the type of internet browser or the website from which visitors linked to the Site. Visitors cannot be identified from such information and it is only used to assist us in providing effective services on the Site. We may from time to time supply third parties with this non-personal or aggregated data for use in connection with the Site.

Cookies and Web Beacons

To enhance your experience with the Site, we reserve the right to use “cookies” (“Cookies”). Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell BCCCA your email address or other personal information unless you choose to provide this information to us. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie. For more information on Cookies, please visit our Privacy Policy as set out above.

“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser or a visitor viewing that page. We may use web beacons on the Site from time to time for this and other purposes.

Intellectual Property

All content on the Site (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans and internet domain names), and any selection or arrangement thereof, is the exclusive property of BCCCA or its licensors and is protected by international copyright, trademark, service marks, patents, or other proprietary rights and laws (the “Intellectual Property”).

BCCCA or its licensors shall retain all rights, title, ownership and interests in the Site’s content and any Intellectual Property rights therein. Except as expressly provided, nothing in these Terms or within the Site shall be construed as granting any license under any of the Intellectual Property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Site’s content or Intellectual Property appearing on the Site without the prior written consent of BCCCA or any third party owner of the Site’s content or Intellectual Property. We will take the appropriate legal action necessary to enforce our rights respecting any prohibited use of any Site content or Intellectual Property appearing on the Site.

Certain words, phrases, names, designs or logos used on the Site (collectively, the “Marks”), and any links from the Site may constitute trademarks, service marks or trade names of BCCCA, used under license by BCCCA or other entities. The display of any such Marks does not imply that a license has been granted to your by BCCCA or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without the prior written permission of BCCCA. The Marks include, without limitation, the name “BCCCA” and its logo.

By using the Site, you acknowledge that the unauthorized use of the materials contained on the Site may cause irreparable harm to BCCCA and that in the event of any unauthorized use, BCCCA shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with BCCCA.

Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable, and non-exclusive license to access, view and use the Site and its content for your personal, non-commercial use in Canada only. You are granted the right to download, store and/or print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or report items comprising the content online. You must also abide by any additional requirements governing the use of any specific content that may be set out in the Site. In the event of a conflict between the term of a specific license governing specific content and these Terms, the terms of the specific licence shall govern.

Links to Third Party Websites

As a convenience, we may provide links to websites owned and operated by third parties and not controlled or maintained by us (“Third Party Sites”). Any such links are included solely for your convenience. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Site. Any information, data, opinions, recommendations, products or services provided by such Third Party Sites are solely those of such third parties and not of us or our affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of Third Party Sites.

You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any harm or damage or loss caused or alleged by or in connection with your use of or reliance on any such content, goods, or services available on or through any Third Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites that you visit.

Linking to the Site

While BCCCA does not prohibit links to the Site, it does not wish to be linked to or from any Third Party Sites which contain, post or transmit any unlawful or indecent information of any kind, including without limitation: (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws, or which may be damaging or detrimental to the activities, operations, credibility or integrity of BCCCA; or (ii) any websites which contain, post or transmit any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or infringes any copyright, trademark or other proprietary rights. BCCCA reserves the right to prohibit or refuse to accept any link to the Site, including without limitation any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon our request.

User Conduct

You agree not to:

interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
sell, license, rent, reuse, adapt, publish, frame, post, upload, broadcast, copy, modify or attempt to modify the Site’s content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Site’s content for any public or commercial purpose, without our express written authorization;
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or its content in whole or in part;
use any third party’s likeness, name and/or properties without their express written authorization;
use or attempt to use any information about any person named or appearing on the Site without the prior written authorization of BCCCA;
attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
access any content of the Site through any technology or means other than through the Site itself or explicitly authorized means permitted by BCCCA;
mirror the Site or any of its content on any server without the express written permission of BCCCA; or
use the Site for any commercial use, without the prior written authorization of BCCCA. Prohibited commercial uses include, but are not limited to, any of the following actions taken without BCCCA’s express approval:
1. sale of access to the Site on another website; or
2. use of the Site for the primary purpose of gaining advertising or subscription revenue.

Member Account

You are required to establish an online account on the Site in order to access certain portions of the Site and/or use certain programs, features or services on the Site as provided by BCCCA (the “Member Portal”). To create an online account, you must first apply to BCCCA for registration, which application includes submitting a request to BCCCA at bcprosecutors.com/registration/ and providing information to BCCCA including but not limited to your name, email, and a password that you create. BCCCA will consider your application and, at its sole discretion, approve your request for registration, following which you (“Member”) will be able to access the Member Portal. By establishing an online account, you agree to provide accurate and current information as required for registration and to update your information in a timely manner to ensure it remains accurate and complete. In submitting any information to BCCCA via the Member Portal, including any personal information, you represent and warrant that the information submitted is true and accurate and that you have obtained all necessary approvals, consents and authorizations as may be required under applicable laws, including privacy laws, from any third party to disclose said information. You will be solely responsible for maintaining the confidentiality of any personal username(s) and/or password(s) required by you to access the Member Portal, and for all activities that occur while using such personal user(s) and/or password(s). You agree not to share your password, let anyone else access your account and/or the Member Portal or do anything that might jeopardize the security of your account and you agree to be responsible for all acts or omissions with respect to your account. You agree to immediately notify BCCCA or any unauthorized user of your personal username(s) and password(s). To preclude the risk that use of an automatic log-in capability may jeopardize the security of your account, BCCCA recommends that you manually enter your username and password each time you access the Member Portal.

You agree to be responsible for, all activities with respect to your account and the Member Portal when conducted using your username(s) and/or password(s).

We reserve the right to cancel any registration(s) or account(s) on the Member Portal at any time, without notice or liability, for any reason, including but not limited to if we determine that any conduct associated with such account violates the Terms, the Community Guidelines, or any applicable laws.

Member Submissions

The Member Portal may provide features which allow you to post messages and content to designated areas of the Site, to participate in discussion forums, to interact with BCCCA and other users and to upload files, documents, images, stories or other materials (“Submissions”). BCCCA does not control the content of any Submissions and has no obligation to monitor the Submissions. However, we reserve the right at all times to edit, refuse to post or to remove any Submission, in whole or in part, that, in BCCCA’s sole discretion, are objectionable or in violation of these Terms. You acknowledge that you are responsible for the content of your Submissions and the consequences thereof.

When using any features of the Member Portal which allow you to post, upload or make Submissions, you shall not:

restrict or inhibit any other user from using and enjoying the Member Portal, interfere or attempt to interfere with the proper workings of the Member Portal or do anything, which in the sole discretion of BCCCA, imposes an unreasonable or disproportionately large load on the Member Portal infrastructure;
post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or international law or regulation;
post or transmit any Submission which is offensive as determined by BCCCA, in our sole and unfettered discretion, including without limitation, material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harass or advocate harassment of another person;
post or transmit any Submission which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from BCCCA or rights holder;
post or transmit any Submission which contains a virus or other harmful component;
post or transmit “junk mail”, “chain letters”, unsolicited mass mailing, or “spam”;
post or transmit any Submission which contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or
use or “mine” the Site for commercial purposes, including without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising or pyramid schemes.

By posting or uploading Submissions to the Member Portal, you grant BCCCA a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) waive all moral rights in your Submission in favour of BCCCA; (ii) consent to your name, address and e-mail appearing as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submissions; (iii) acknowledge and agree that BCCCA is not responsible for any loss, damage or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

Security

Any information sent or received over the Internet is generally not secure. We cannot guarantee the security or confidentiality of any communication to or from the Site.

Modification to Site

BCCCA reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Site or any part thereof.

Use Prohibited Where Contrary to Law

Use of this Site is unauthorized in any jurisdiction where the Site or any of its content may violate any laws or regulations. You agree not to access or use the Site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms) is entirely at your own risk.

Indemnity

You agree to indemnify, defend and hold BCCCA harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your use and access to the Site and any content obtained from it; (b) breach of these Terms or the terms of any documents or websites they incorporate by reference; or (c) your violation of any law or the rights of any third party.

Governing Law

These Terms and any separate agreements whereby we provide services to you will be governed by and construed in accordance with the laws of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. By using the Site, you agree to the exclusive jurisdiction of the Courts of British Columbia and Canada within British Columbia for any claims, actions, or other legal proceedings arising from or related in any way to the Content or the Site.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and us and govern your use of the Site, and supersede and replace any prior agreements we might have had between us regarding the Site, including but not limited to any prior versions of these Terms.

Termination

BCCCA may, in its sole discretion, cancel or terminate your right to use the Site or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access the Site, or part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to content downloaded from the Site and the disclaimers and limitations of liabilities set forth in these Terms shall survive termination of your right to use the Site or any part thereof. We shall not be liable to any party for such termination.

Notice

Questions or comments regarding the Site should be directed by e-mail to: Jennifer Johnston at jjohnston@bcprosecutors.com