Terms and Conditions Governing
Use of this Site

Trademarks :

"Nanaimo Amateur Radio Association " name and logo, and all related product and service names, design marks and slogans are trademark protected and may not be used in any commercial manner without the prior written consent of Nanaimo Amateur Radio Association. All violators will face legal action. All other product and service marks as may be contained herein are the trademarks of their respective owners.

License To Use Contents :

Nothing contained herein shall be construed as granting to the User of the Service a license under any copyright, trademark, patent or other intellectual property right of Nanaimo Amateur Radio Association or any third party, except for the right of use license expressly set forth below in these terms and conditions.

The Service and other contents on the Nanaimo Amateur Radio Association web site is provided free of charge (hereafter collectively referred to as the "Information") to those persons that access the Nanaimo Amateur Radio Association web site via the World Wide Web (the "User"). Such User shall a nonexclusive, non-transferable license for the saving, storage or printing of the User's Will and, under no circumstances shall the User use the Nanaimo Amateur Radio Association web site for any commercial purpose whatsoever. The User is not permitted to commercially exploit the Information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the Information is strictly prohibited without the prior written consent of Nanaimo Amateur Radio Association.

The User shall not copy, reverse engineer, translate, port, modify or make derivative works of the Information, in whole or in part. The User shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Information or any part thereof or use it in any manner not expressly authorized by this Agreement. The User shall not derive or attempt to derive the source code or structure of all or any portion of the Information by reverse engineering, disassembly, decompilation or any other means. The User shall not use the Information to operate a service bureau or for any other use involving the processing of data of others. The User does not receive any (and Nanaimo Amateur Radio Association retains all) ownership rights in the Information. The Information is copyrighted and may not be copied, even if modified or merged with other data or software. The User shall not alter or remove any copyright notice or proprietary legend contained in or on the Information. It is acknowledged that the Information is a trade secret of Nanaimo Amateur Radio Association.

Consent to Monitoring and Disclosure :

Nanaimo Amateur Radio Association is under no obligation to monitor the Information. All Users agree that Nanaimo Amateur Radio Association may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other government requests; (2) to operate the server properly or to protect itself and any User. Nanaimo Amateur Radio Association reserves the right to modify, reject or eliminate any Information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

Data Supplied to Nanaimo Amateur Radio Association :

Should any user of the Information provide Nanaimo Amateur Radio Association with data including but not limited to feedback, questions, comments, suggestions, plans, ideas or the like (the "Non-Will Completion Data"), such Non-Will Completion Data shall be deemed to be non-confidential and Nanaimo Amateur Radio Association assumes no obligation to protect such Non-Will Completion Data from disclosure. The submission of such Non-Will Completion Data to Nanaimo Amateur Radio Association shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Nanaimo Amateur Radio Association for any purpose whatever and by such submission the User grants to Nanaimo Amateur Radio Association the irrevocable right to reproduce, use, disclose and distribute the Non-Will Completion Data to others without restriction or compensation required.

Will Information Supplied to Nanaimo Amateur Radio Association :

In order for a User to complete a Will on this Web Site, the User must insert certain information or choose from certain specific options (the "Will Contents"). The Nanaimo Amateur Radio Association agrees to maintain a User's privacy relative to the Will Contents having regard to the identity of beneficiaries (other than the Salvation Army of Canada or a different Organization) and the gifts made to the beneficiaries. The User agrees however that Nanaimo Amateur Radio Association may compile the following data from a User: the User's name, the User's e-mail address, the User's gender, age, occupation, marital status, city/town, and province of residence, the name of the User's Executor/Personal Representative (and the name of the alternate Executor/Personal Representative), whether the User made a gift in favor of the Nanaimo Amateur Radio Association (and, if so, the details of that gift) or whether the User made a gift in favor of a different Organization and, where a gift to an Organization other than to the Nanaimo Amateur Radio Association is made, the name of the Organization and the details of the gift to that Organization (all collectively called the "Demographic Data"). The User agrees that Nanaimo Amateur Radio Association may sell, license, distribute, lease, assign, pledge or otherwise deal with or dispose of the Demographic Data.

The User does hereby authorize Nanaimo Amateur Radio Association to contact the User and the User hereby consents to the receipt of e-mail from Nanaimo Amateur Radio Association. If the User provided a phone number to Nanaimo Amateur Radio Association, the User consents to receipt of telephone calls from Nanaimo Amateur Radio Association.

Disclaimer of Liability :

The User of the Information assumes all responsibility and risk for: (a) the use of this server (b) any Will completed on this web site whether signed or not, (c) the Internet generally. Nanaimo Amateur Radio Association disclaims all warranties, representations or endorsements, express or implied, with regard to the Information accessed from, or via, this server or the Internet, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Nanaimo Amateur Radio Association does not assume any legal liability or responsibility for: (a) any Will completed on this web site (whether signed or not) (b) the accuracy, completeness, or usefulness of the Information, apparatus, product or process disclosed on the server or other material accessible from the server. In no event shall Nanaimo Amateur Radio Association be liable for any compensatory, special, direct, incidental, indirect or consequential damages, exemplary damages or any damages whatsoever resulting from the use of this site, the Information, any Will completed on this site, any Will saved or stored from this site or the loss of use, data, or profits, whether in an action of contract, tort or otherwise, arising out of or in connection with the use or performance of the Information or the Internet generally or on any other basis. If this limitation of liability or the exclusion of warranty set forth herein is held inapplicable or unenforceable for any reason, then the User agrees that Nanaimo Amateur Radio Association maximum liability for any type of damages shall be limited to $1.00 in Canadian funds.

No Warranties :

The Information may include technical inaccuracies, inadvertent misinformation or typographical errors. Nanaimo Amateur Radio Association has the right to make changes and updates to any of the Information without prior notice.

The Information is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No part of the Information shall create any warranty. Neither Nanaimo Amateur Radio Association nor its officer, directors, employees or agents warrant that the Information will be uninterruptible or error free or that any information, software or other material accessible from the web site is free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that a provision of this warranty is prohibited by the laws of a jurisdiction that cannot be pre-empted. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

No Lawyer, No Legal Advice :

Nanaimo Amateur Radio Association is not a law firm nor does it provide legal information or legal advice. The User agrees that he or she is not relying on Nanaimo Amateur Radio Association for any legal advice or information. The User agrees that any Will completed by the User on this web site is a Will made by the User and not a Will made by Nanaimo Amateur Radio Association. The User further agrees that any Will completed by the User on this web site is a Will completed by the User without a lawyer or legal advice. If a User requires legal advice or information, it is agreed that it is the duty of the User to obtain such legal advice or information. If a User is uncertain as to whether legal advice or information is required, it is agreed that the User will obtain such legal advice or information.

Disclaimer of Endorsement :

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Nanaimo Amateur Radio Association.

Nanaimo Amateur Radio Association does not directly nor indirectly represent to a User that a particular person or firm listed or referred to on this Site possesses skill or expertise above and beyond any other person or firm carrying on a similar business, occupation or profession that may not be listed. Persons or firms listed may have paid a fee to Nanaimo Amateur Radio Association in order to be listed. Nanaimo Amateur Radio Association assumes no responsibility for the acts or omissions of any such person or firm.

Whole Agreement :

The Terms and Conditions herein is the exclusive Agreement between Nanaimo Amateur Radio Association and the User. Nanaimo Amateur Radio Association shall have the right to terminate a Users ability to access the Information at any time without notice. Nanaimo Amateur Radio Association reserves the right to discontinue or modify any of the Information contained at any time. Nanaimo Amateur Radio Association shall have the right to modify these Terms and Conditions at any time. The User may not assign any part of this Agreement without Nanaimo Amateur Radio Association prior written consent.

The User shall pay any applicable taxes on the Information.

If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. The User agrees to comply with all applicable laws in using the Information contained herein. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Any such waiver shall not preclude a party from exercising any other right or later exercising the same right.

Any notice under this Agreement shall be delivered by Canadian registered mail, acknowledgment of receipt required, or by overnight courier to Nanaimo Amateur Radio Association. These terms and conditions apply on behalf of Nanaimo Amateur Radio Association and all of its affiliates, employees, suppliers, and distributors. The User and his or her estate, including heirs, successors and assigns, hereby agree to indemnify and save harmless Nanaimo Amateur Radio Association, its officers, directors, employees, principals, agents and shareholders from any and all claims and demands of any kind whatsoever arising from or in relation to any Will completed or attempted to be completed on this Site (whether such Will is properly or improperly signed) including any and all legal costs, damages or awards.

This Agreement shall be governed by the laws of British Columbia, Canada. The information is Copyright © 2023 by Nanaimo Amateur Radio Association pursuant to the Copyright laws of Canada.