Welcome to the website of Evergreen Theatre
Use of our website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you. Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.
We have made commercial best efforts to obtain the most accurate and timely information available, including information concerning pricing, promotions and events, all of which is complex and subject to change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.
The performance of our website and all content or services accessed from or available thereon are provided to you on an "as is" basis, without representations, warranties or conditions of any kind (to the fullest extent permissible under applicable law), including any implied warranties or conditions, or warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that our website and any content or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.
We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk. In no event shall we be liable for any direct, indirect, consequential, special or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Statement, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
Indemnification by User
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Evergreen Theatre with such mediation to be held in the City of Calgary, in the Province of Alberta. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Alberta), with the arbitration to be held in the City of Calgary and the law applicable thereto shall be the law of the Province of Alberta. The arbitrator appointed pursuant to the Arbitrations Act (Alberta) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.