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This Agreement ("Agreement") is made between Peacock Hospitality ("Provider") and the tenants ("Tenants") residing at Evergreen Apartments, 1462 6th Ave and 1422 6th Ave, Fernie BC ("Premises"), owned by Peacock Hospitality.
By using the Service, you are accessing the Internet, a public communications network. Except for the Company website(s), we do not control any materials, information, products, or services on the Internet. You assume full responsibility and risk for accessing content via the Service and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise promoted through the Service or the Internet.
Activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Peacock Hospitality, or any third party. Peacock Hospitality will fully cooperate with law enforcement upon receipt of notice that your use of the Service is in violation of applicable law. When in doubt, don’t do it. Examples of prohibited activities and materials include, but are not limited to:
Peacock Hospitality does not monitor or review the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, should we become aware of content or activity that in our sole discretion, may be illegal, may subject Peacock Hospitality or our suppliers or vendors to liability or is in violation of this Agreement, we may remove, block, filter, or restrict by any other means such content or activity.
To the maximum extent permitted by applicable law: peacock hospitality, its suppliers and licensors (including airtight networks) shall not be liable to you or any other party for any direct, indirect, incidental, special, consequential, exemplary or reliance damages arising out of or related to this agreement, the services, under any legal theory, including but not limited to lost profits, lost data, business interruption, personal injury, for loss of privacy, negligence, and for any other pecuniary or other loss whatsoever, even if peacock hospitality and/or airtight knows of or should have known of the possibility of such damages. This section shall apply even if your exclusive remedy has failed of its essential purpose. You acknowledge and agree that the service is $40 per month and that reflects the allocation of risk set forth in this agreement and that peacock would not enter into this agreement without these limitations on its and its suppliers’ and licensors’ liability.
If a third party makes a claim against Peacock, its suppliers, and/or licensors arising out of your use of the Service or your breach of this Agreement, you shall: (a) pay all costs to defend Peacock Hospitality. (b) pay any damages assessed against Peacock Hospitality (its supplier or licensor) in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and (c) hold harmless and indemnify Peacock Hospitality, its suppliers and licensors from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, Peacock Hospitality (or its supplier or licensor, as applicable) shall have full authority and control of the defense and/or settlement of any such claim at your expense. Peacock Hospitality (or its supplier or licensor, as applicable) will provide you with written notice of such claim, suit or action.
This Agreement will be governed by the laws of the Government of Canada and the province of British Columbia. This Agreement constitutes the entire agreement between you and Peacock Hospitality with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by both parties.
(b) pay any damages assessed against Peacock Hospitality (its supplier or licensor) in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and
(c) hold harmless and indemnify Peacock Hospitality, its suppliers and licensors from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, Peacock Hospitality (or its supplier or licensor, as applicable) shall have full authority and control of the defense and/or settlement of any such claim at your expense. Peacock Hospitality (or its supplier or licensor, as applicable) will provide you with written notice of such claim, suit or action. Governing Law This Agreement will be governed by the laws of the Government of Canada. This Agreement constitutes the entire agreement between you and Peacock Hospitality with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Waivers and Amendments Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by
Sharing of your network password to anyone not living in the unit is prohibited and is akin to theft.......