Terms and Conditions
Last updated on September 29 2011.
Welcome to the Alberta Virtual Vault (AVV) website (the "website"). The Registry Connect Limited Partnership ("RCLP" or "we", as further defined below), operates the Alberta Virtual Vault, which is an electronic documents storage service that allows Uers to store important documents and release them to Appointed Representatives in the case of certain life events, as directed by the User.
Except where stated otherwise, the terms "RCLP" and "we" used on the website and in this agreement shall be deemed to include Registry Connect Limited Partnership, and its affiliates, subsidiaries, successors and assigns. By accessing or using the website you signify that you have read, understand and agree to be bound by these Terms and Conditions and Acceptable Use Policy (these "Terms and Conditions" and "Acceptable Use Policy", or this "agreement"). We will provide the services of the Alberta Virtual Vault to you, if you agree to abide by all applicable laws and to this agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions and Acceptable Use Policy at any time without further notice. If we do this, we will post the changes to these Terms and Conditions and Acceptable Use Policy on the website. Any modification will be effective upon posting on the Alberta Virtual Vault website. All material modifications will apply prospectively only. This Terms and Conditions and Acceptable Use Policy, as may be modified from time to time, (“Agreement”) constitutes legally binding terms and applies to your use of the Alberta Virtual Vault service. Your continued use of the website after any such changes constitutes your acceptance of the revised Terms and Conditions and Acceptable Use Policy. In addition, in consideration for becoming a User, you must indicate your acceptance of the Agreement during the registration process. It is therefore important that you review this agreement regularly. If you do not agree to be bound by this agreement and to abide by all applicable law, you must discontinue use of the Alberta Virtual Vault services immediately.
If you do not comply with this agreement at any time, we reserve the right to cancel or terminate your access to the website (or any part thereof) and/or your Alberta Virtual Vault user account, if any, upon 30 (thirty) days written notice delivered to the last email we have on file for you. In that event, we will download to the last email address which you provided to us for you, a complete copy of all documents and information that you have stored with us in your AVV user account, and we will then delete all such information from our system. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your AVV user account, or use of, the website. In RCLP’s sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the AVV website including, but not limited to, (i) restricting the time the website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the website. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the website, or any policies or practices by RCLP in providing the website, including without limitation any changes to the content, policies and procedures of the website, is to cease using the website, and to cancel or terminate your subscription or registered AVV user account, as applicable.
In the event that your actions constitute abuse of the site and may cause grievous damage, or are illegal, RCLP reserves the right to terminate your access immediately, without notice. In such circumstances, your documents will be forwarded to you as noted above.
From time to time, we may supplement this agreement with additional terms and conditions pertaining to specific content, services, policy or procedures ("Additional Terms"). Such additional terms may be placed on the website to be viewed in connection with the specific content, services, policies and procedures, and shall be identified as such. You understand and agree that such additional terms are hereby incorporated by reference into this agreement.
PLEASE READ THESE TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
RCLP controls Alberta Virtual Vault from its offices within the Province of Alberta, Canada. The AVV Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Alberta, by accessing the Website, you agree that all matters relating to access to, or use of, the website, or any other hyperlinked website, shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You also agree and hereby submit to the non- exclusive personal jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
Site and Service Usage
Certain portions, components, content and features of the AVV website are only available to individuals who register with RCLP and create an AVV user account on the website (each, a "Registered User"). If you are a registered user then you agree to the following:
Payment of Fees
You agree to pay for the services provided by RCLP through the website, at the then current rates established by RCLP for those services, which are stated and updated from time to time on the website.
If there is any conflict or inconsistency between these Terms and Conditions and the Acceptable Use Policy and any rules, policies or guidelines posted on the website, these Terms and Conditions and Acceptable Use Policy will prevail.
As between you and RCLP, subject to the rights, licenses and waivers granted by you to RCLP in this agreement, you retain full ownership of all your submissions and any intellectual property rights associated with your submissions
All content on the website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of RCLP, its users or its licensors with all rights reserved. No site content, other than your own submissions that you legally post, may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without RCLP's prior written permission. Provided that you are eligible for use of the website and subject to these Terms and Conditions, you are granted a limited license to access the website and the site content and to download or print a copy of any portion of the site content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for your own submissions, you may not upload or republish site content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the site content is strictly prohibited. The foregoing license is subject to these Terms and Conditions and Acceptable Use Policy and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the website or the site content other than as specifically authorized herein, without the prior written permission of RCLP, 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. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Obligations of RCLP
- (i) Maintain an online electronic document and information storage service
- (ii) Provide confirmation to any person searching the Alberta Virtual Vault that none or at least one vault record exists under the search criteria used during the Vault Search
- (iii) Not provide any information contained in your vault to any person whom you have not specifically identified as a person who is appointed to receive information from your vault ("the Appointed Representative")
- (iv) With respect to the information "relating to your Upon Death Tab", the full estate package will only be provided to your Appointed Representative(s) upon proof of your death by a Certificate of Death issued by a government authority authorized to do so, or a Funeral Directors Certificate of death,
- (v) With respect to the information in your account quot;relating to your Mental Incapacitation, or Physical Incapacitation", this will only be provided to your Appointed Representative(s) upon receiving proof of your incapacity in the form of an official government document, stating such.
- (vi)Take reasonable commercial steps to confirm the identity of Appointed Representative(s), upon their request for information contained in your Alberta Virtual Vault,
- (vii) Allow access to your Alberta Virtual Vault, for the purpose of viewing and downloading, only to the Appointed Representative(s) that you have chosen, and registered with us,
- (viii) Operate the Alberta Virtual Vault in accordance with the Business Rules established from time to time by RCLP.
Registry Connect Limited Partnership and Alberta Virtual Vault, and related words, domain names and logos are trade-marks and the property of RCLP. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
The material on the website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright RCLP, except as otherwise expressly provided herein. ALL RIGHTS RESERVED.
The website contains (or you may be sent through the website) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such third party sites and third party applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by RCLP, and we are not responsible for any third party sites accessed through the site or any third party applications, software or content posted on, available through or installed from the site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content. Inclusion of, linking to or permitting the use or installation of any third party site or any third party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the third party sites or to use or install any third party applications, software or content, You do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website or relating to any applications you use or install from the website.
THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. RCLP MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE. RCLP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT RCLP MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS. EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF RCLP OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE AND AVAILABLE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED, WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
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 or relating to: (a) these Terms and Conditions and Acceptable Use Policy; or (b) the relationships which result from these Terms and Conditions and Acceptable Use Policy (collectively, the "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. In any action against us arising from the use of the website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
Acceptable Use Policy
Whether you are a "User", which means that you own an Alberta Virtual Vault, or not, by accessing and/or using the Alberta Virtual Vault service, you agree to be bound by this agreement. You are authorized to use the Alberta Virtual Vault Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("applicable law") and the terms of this agreement. In addition, in consideration for becoming a User, you must indicate your acceptance of this agreement during the registration process.
Eligibility. Use of the Alberta Virtual Vault Service and registration to be a User of the Alberta Virtual Vault is void where prohibited. By using the Alberta Virtual Vault, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain such information to keep it true, accurate, current, and complete; (c) you are 18 years of age or older; and (d) you are not a person barred from receiving services under the laws of the Province of Alberta and the federal laws of Canada or other applicable jurisdiction. Your use of the Alberta Virtual Vault Service does not violate any applicable law. If you provide any information that is untrue, inaccurate, not current or incomplete, RCLP has the right to suspend or terminate your AVV account and refuse any and all current or future use of the website (or any portion thereof).
Term. This agreement, and any posted revision to this agreement, shall remain in full force and effect while you use the Alberta Virtual Vault. You may terminate your Alberta Virtual Vault at any time, for any reason, by deactivating your vault. Registry Connect Limited Partnership expressly reserves the right to remove your vault and/or deny, restrict, suspend, or terminate your access to all or any part of the Alberta Virtual Vault Services if Registry Connect Limited Partnership determines, in its sole discretion, that you have violated this agreement or pose a threat to Registry Connect Limited Partnership, its employees, business partners, Users and/or the public. Even after your vault is deactivated, this agreement will remain in effect, including, without limitation.
Password. Upon completing the vault creation process, as part of our security system you were asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and not disclosing your password to any third party. You are fully responsible for all activities that occur under your password or account. You agree to notify Alberta Virtual Vault immediately if you suspect any unauthorized use of your vault or access to your password or any other breach of security. You are solely responsible for any and all use of your vault. Ensure that you exit from your vault at the end of each session.
Use by Vault Owners. Registry Connect Limited Partnership reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Alberta Virtual Vault service.
Proprietary Rights. Registry Connect Limited Partnership does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you store in your vault. After uploading your electronic documents you continue to retain any such rights that you may have in your vault, subject to the limited license herein.
Communications with the Vault Owner. You agree and acknowledge that the Registry Connect Limited Partnership may send email messages including, but not limited to, communications related to your registration/membership in order to keep you updated about important changes to these Terms and Conditions and Acceptable Use Policy, and notifications and some marketing material in connection with the Alberta Virtual Vault service.
As a user of the website, you agree that you are responsible for managing your privacy and email settings, which you can access in two ways, depending on the type of user account(s) you have. We will notify you by email, at your last email address registered with us, each time a change is made to your virtual vault.
Alberta Virtual Vault Storage Capacity. Although, the vault service provides for the purchase of additional storage space, Registry Connect Limited Partnership reserves the right to limit the storage capacity of your Alberta Virtual Vault.
Content Posted. The Registry Connect Limited Partnership assumes no responsibility for monitoring the contents of a Vault Owner's vault. You are solely responsible for any and all material content in your Alberta Virtual Vault.
Content/Activity Prohibited. The user agrees not to copy materials on the site, not to reverse engineer or not to break into the site, and not to use the website materials, products or services for illegal purposes. The Registry Connect Limited Partnership is not responsible, nor liable, for any information and materials on the site that are libellous, obscene, or infringe upon a copyright or trademark. The Registry Connect Limited Partnership may, by court order or subpoena, be required to disclose a User's Alberta Virtual Vault contents.
Please choose carefully the information you post on the website. Your information may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
The User of this site must be truthful in any information disclosed, including credit card payment information, contact information and any other information provided by the User. Use of the site is at the sole discretion of the Registry Connect Limited Partnership and any use by anyone may be terminated by the company at any time.
Registry Connect Limited Partnership reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Registry Connect Limited Partnership may deactivate the User's vault and report the Vault Owner's activities to law enforcement authorities.
Disclaimers. Registry Connect Limited Partnership is not responsible for and makes no warranties, express or implied, as to the readability of the electronic documents a User stores in their Alberta Virtual Vault. Registry Connect Limited Partnership cannot guarantee that the contents of an Alberta Virtual Vault can be downloaded and are legible by the Appointed Representatives should a life event occur. The contents of an Alberta Virtual Vault do not necessarily reflect the opinions or policies of Registry Connect Limited Partnership. In addition, Registry Connect Limited Partnership is not responsible for any damage, injury or loss caused by use of the Alberta Virtual Vault. Registry Connect Limited Partnership takes no responsibility for third party advertisements, through or in connection with the Alberta Virtual Vault service, nor does it take any responsibility for the goods or services provided by these third parties. Registry Connect Limited Partnership is not responsible for the conduct, whether online or offline, of any User of the Alberta Virtual Vault service. Registry Connect Limited Partnership assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Registry Connect Limited Partnership is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Alberta Virtual Vault services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Alberta Virtual Vault services. Under no circumstances shall Registry Connect Limited Partnership be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Alberta Virtual Vault service, whether online or offline. The Alberta Virtual Vault is provided "AS-IS" and as available and Registry Connect Limited Partnership cannot guarantee and does not promise any specific results from use of the Alberta Virtual Vault service.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Alberta, without regard to its conflict of law provisions. You and Registry Connect Limited Partnership agree to submit to the exclusive jurisdiction of the courts located within the Province of Alberta to resolve any dispute arising out of the Agreement or the Alberta Virtual Vault Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Other. This Agreement is accepted upon your use of the Alberta Virtual Vault website or any of the Alberta Virtual Vault services and is further affirmed by you becoming a User. Your agreement with Registry Connect Limited Partnership will always include this agreement at a minimum. Your access and use of certain Alberta Virtual Vault services will require you to accept additional terms and conditions applicable to such certain Alberta Virtual Vault services. The failure of Registry Connect Limited Partnership to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. Alberta Virtual Vault is a trademark of Registry Connect Limited Partnership. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this agreement, please use the email@example.com e-mail address.