Disclaimer and Waiver of Liability (the "Agreement")
This Agreement applies to all forms of content shared within the group, including but not limited to original posts, comments, and any other contributions made by members. This encompasses all media and formats, whether textual, visual, audio, or otherwise, across any and all platforms and mediums utilized within the scope of the group’s activities (the "Post"). By participating in the group, members acknowledge and agree that this Agreement governs all content and interactions, regardless of format or medium and agree to the following terms:
This Agreement is dated this 10th day of September 2024,
BETWEEN
1)All members of the Crime Watch Calgary Facebook group who wish to post content or comments within the group (the "Poster") AND;
2)Crime Watch Calgary of Calgary, AB, Canada, and all moderators and admins of the Crime Watch Calgary Facebook group of Calgary, AB, Canada AND;
3)Vicky Penny of Calgary, AB, Canada
IN CONSIDERATION of the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Accuracy and Ownership
The Poster is solely responsible for ensuring the accuracy, reliability, and legality of any Post they make. The Poster agrees that their Posts will not be defamatory or infringe upon any third-party rights. All content Posted is legally attributed to the Poster as an individual.
2. Legal Responsibility and Liability Waiver
The Poster acknowledges and agrees to be legally accountable for any and all claims, damages, or legal actions arising from their Posts. By Posting, the Poster expressly releases Crime Watch Calgary, its administrators, moderators, partners, Vicky Penny, and any associated entities from any and all legal liability related to their Posts. This includes, but is not limited to, claims for defamation, privacy invasion, or intellectual property infringement.
3. Content Removal
Posts may be removed at the discretion of the administrators and moderators if they are deemed to violate group rules, Facebook Community Standards, societal standards, or legal requirements. Removal may also occur upon receipt of a cease and desist letter or court order, or by the direction of Crime Watch Calgary's legal representative.
4. Binding Agreement
By Posting in this group, the Poster acknowledges and agrees that the terms of this disclaimer and waiver shall remain in full force and effect indefinitely. This agreement is binding upon the Poster regardless of whether they voluntarily leave the group, are removed by the group admin team, or depart for any other reason, and regardless of if they have removed their Post. The terms of this waiver are effective and binding from the moment of the Poster Posting in the group.
5. Consideration and Release
The Poster releases and forever discharges Crime Watch Calgary, its heirs, executors, administrators, moderators, legal representatives, and assigns from all claims, actions, debts, accounts, contracts, and demands for any injury to person or property, including reputational injury or death, arising from participation in or sharing or Posting within the group. This release applies even if such damage, loss, or injury was caused wholly or partly by Crime Watch Calgary or its affiliates. The Poster agrees not to Post content in this group unless they have read, understood, and agreed to this Agreement. The Poster acknowledges that they have had the opportunity to seek independent legal advice before agreeing to this liability waiver.
6. No Warranty of Content
Crime Watch Calgary serves as a platform for the exchange of information and ideas among its members. While we strive to provide a space where high-quality and accurate information can be shared, it is important to understand that we are everyday individuals, not professional advisors or experts. Therefore, Crime Watch Calgary does not warrant the accuracy, completeness, or reliability of any content Posted or shared by members. We acknowledge that we cannot fully oversee or verify every Post made in the group. As such, we disclaim any responsibility for the content provided by members, including any reliance on or consequences arising from such content. Members are encouraged to exercise their own judgment and discretion when evaluating information shared within the group.
7. Presumption of Innocence
All individuals mentioned or discussed within the Crime Watch Calgary group are presumed innocent until proven guilty in a court of law. The Crime Watch Calgary Facebook group, its owner, heirs, executors, administrators, moderators, legal representatives does not make determinations of guilt or innocence regarding any persons who may be the subject of Posts or discussions. Any allegations or claims presented in the group are based solely on the information available to the Poster and do not constitute a legal finding or judgment. Crime Watch Calgary, its administrators, moderators, and associated parties expressly disclaim any responsibility for legal determinations or the accuracy of such claims.
8. Age and Legal Capacity
By Posting content in the group, the Poster affirms and represents that they are at least the legal age required to use Facebook and participate in online forums, as established by Facebook’s terms of service and applicable laws. The Poster also affirms that they are legally permitted to use the internet and engage in online activities. In the event that it is discovered that the Poster is not of legal age or otherwise lacks the legal capacity to enter into this Agreement, their legal guardian or parent will be deemed responsible for any breaches of this Agreement. The legal guardian or parent will be held accountable for any claims, damages, or legal actions arising from the Poster’s Posts as if they themselves had made the Posts.
9. Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement. The invalid, illegal, or unenforceable provision shall be deemed modified or deleted to the extent necessary to make the Agreement enforceable, while the remaining provisions shall continue in full force and effect as if the invalid provision had never been part of the Agreement.
10. Indemnification
The Poster agrees to indemnify, defend, and hold harmless Crime Watch Calgary, its administrators, moderators, partners, Vicky Penny, and any associated entities from and against any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to their Posts or participation in the group. This includes, but is not limited to, any claims resulting from the Poster’s content, actions, or interactions within the group. The Poster shall be responsible for any costs or damages incurred by Crime Watch Calgary, its administrators, moderators, partners, Vicky Penny, and any associated entities due to such claims.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or agreements. It is a binding contract and not a mere recital.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta, Canada. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in Alberta.
Acknowledgment
By posting content in the group, the Poster acknowledges and agrees that they have read, understood, and accepted the terms of this Disclaimer and Waiver of Liability. It is explicitly stated that the Poster’s failure to read or review this Disclaimer and Waiver of Liability shall not be considered a valid defense against its terms. The Disclaimer and Waiver of Liability are made readily accessible and prominently displayed within the group, as well as on the Crime Watch Calgary website at https://crimewatchcalgary.com/disclaimer.php. The Poster confirms that they are aware of its availability and have had the opportunity to review it before making any posts.