Last revised: January 1, 2023

Welcome to delawanaresort.ca, a website owned and operated by Delawana Resort ("Company", “Our”, “Us” or “We”).

The following is a legally binding agreement that serves as Our terms of use (“Terms of Use”) for your use of Our website *.com, all other sites owned and operated by Company that redirect to *.com, all subdomains of *.com (collectively, the "Website").

By using the Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies including, without limitation, the Privacy Policy (as defined below), which are displayed or to which you may be directed in connection with any particular Website or any of the services available on the Website, all as may be modified by Us from time to time in Our sole discretion.

If you do not agree to the Terms of Use, then you must discontinue accessing and/or using the Website.

Company reserves the right to modify the Terms of Use at any time and from time to time and in its sole discretion and each such modification shall be effective upon posting on the Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly.

• ACCESS AND USE
  You may use the Website only if you have reached the age of majority where you live and/or 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, rules and regulations.
  Subject to the terms and conditions set forth in the Terms of Use, Company grants you a personal, non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website in accordance with the Terms of Use. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of Company or its licensors; (ii) attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Website, or any customer, supplier, or employee of Company; and/or (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by Company. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering.
• MODIFICATION OF THE WEBSITE AND CHANGES TO THESE TERMS OF USE
  Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
  Company may amend these Terms of Use at any time and from time to time without notice to you by updating this posting. By continuing to use the Website or any portion thereof after the amendment is posted, you will signify your acceptance and agreement, without limitation or qualification, to be bound by the Agreement as amended. You should therefore review these Terms of Use periodically for changes.
• PRIVACY
  Company values and respects your privacy. You can view Our statement of policies and procedures with respect to Our collection, use and disclosure of personal information here http:// * (the “Privacy Policy”), which is incorporated into the Terms of Use by reference. The Privacy Policy provides your rights and Company’s responsibilities with regard to Company’s collection and use of personal information. We will not use personal information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. By accepting the Terms of Use, you hereby consent to Company’s collection and use of your personal information in accordance with the Privacy Policy and the Terms of Use. The Privacy Policy may be updated from time to time at Our discretion. Changes will be effective upon posting to the Website.
• INTELLECTUAL PROPERTY
  All materials available through the Website, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by Company. The Website may contain Our service marks or trademarks as well as those of Our affiliates or other companies, in the form of words, graphics, and logos. Your use of the Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Further, your use of the Website does not grant you ownership rights of any kind in the Website. The Website is also protected under international copyright laws. Company reserves all rights not granted in and to the content and materials available on the Website. The copying, redistribution, use or publication by you of any portion of the Website is strictly prohibited. This Section shall survive the termination of these Terms of Use.
• INDEMNIFICATION
  You agree to indemnify and hold harmless Company and its respective officers, directors, employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your access to or use of the Website; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity. This Section shall survive the termination of these Terms of Use.
• NO WARRANTIES
  You agree that your use of THE Website shall be at your own risk. The Website IS provided on an "as is" and "as available" basis for your use. To the fullest extent permitted by law, Company expressly disclaims all, and makes no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Website, its content or data, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. Company does not warrant that any errors or defects in the Website will be corrected, and do not assume responsibility for the conduct of any users of the Website, whether online or offline. This Section shall survive the termination of these Terms of Use.
• LIMITATION OF LIABILITY
  YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, THE “COMPANY GROUP”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS OF USE OR ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY: (A) USE, INABILITY TO USE OR PERFORMANCE OF THE WEBSITE; (B) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR MATERIALS CONTAINED ON THE WEBSITE; (C) ANY SOFTWARE UNDERLYING THE WEBSITE; (D) BUGS OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; (E) INTERRUPTION OR CESSATION OF THE WEBSITE OR OF TRANSMISSION OF THE WEBSITE; AND/OR (F) UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S OR ITS CONTRACTORS’ SECURE SERVERS. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES IS TO CEASE USING THE WEBSITE. This Section shall survive the termination of these Terms of Use.
• LINKS TO OTHER WEBSITES
  The Website may contain links to, or the content of, third party websites (collectively, “Third Party Websites”). These links are provided solely as a convenience to you. Company makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Websites. Company has no control over the content, terms and conditions of use or service, or the privacy practices and policies of Third Party Websites; as such, you agree that you assume all risk when accessing any Third Party Websites, and release Company from any and all liability resulting from the access and/or use of Third Party Websites. We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. It is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. This Section shall survive the termination of these Terms of Use.
• SECURITY
  Any information sent or received over the Internet is generally not secure. Company cannot guarantee security of any communication to or from the Web site. Company does not assume any responsibility or risk for your use of the Internet. This Section shall survive the termination of these Terms of Use.
  
• LEGAL COMPLIANCE
  You agree to comply with all applicable all applicable laws, rules and regulations regarding your use of the Website. Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action We deem appropriate, including, but not limited to, termination any account that you may have as a Registered User, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under Our Privacy Policy. You acknowledge and agree that Company may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard. This Section shall survive the termination of these Terms of Use.
• SUBMISSION OF IDEAS OR SUGGESTIONS
  At Company, We are always looking to improve the Website, Our products and Our services. If you have ideas or suggestions about Us and Our products and services, Company would like to hear them; however, any submission will be subject to these Terms of Use. Company does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, "Submissions") to Company, you thereby and hereby: (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (c) grant Company an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize your Submissions in any way and for any purpose. You also waive in favour of Company and its successors and assigns any and all of your moral rights in and to all Submissions. Furthermore, you agree that Company is not responsible for the confidentiality of any Submissions. These rights survive the termination of these Terms of Use.
  
• GENERAL TERMS
  Company is receiving the benefit of this Agreement as agent and trustee on behalf of each of Delawana Group and may enforce this Agreement on their behalf. You consent and submit to the exclusive jurisdiction of the courts located in the City of [*], in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms of Use. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province. These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. To the extent that any content in the Website conflicts or is inconsistent with the Terms of Use, the Terms of Use shall take precedence. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Company under the Terms of Use shall survive the termination of the Terms of Use. These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by Company without restriction. This Section shall survive the termination of these Terms of Use.
  
• HOW TO CONTACT US
  Any questions about the Website, these Terms of Use should be directed to:
  Delawana Resort
  PO Box 279 Honey Harbour Muskoka ON P0E 1E0
  info@delawana.ca