THE FOLLOWING DESCRIBES THE TERMS ON WHICH NORTH AWARE OFFERS YOU ACCESS TO ITS SITE AND SERVICES.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract between YOU (hereby referred to as "Buyer" or "User" or "End User" or "Affiliate" or "You") and
(May also be referred to as "We" or "Us" or "The Company".).
Your continued use of the Site after this time shall signify your acceptance of this User Agreement. This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and The Company as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site.
North Aware is a website on the "WorldWideWeb" (Internet).
Users can register to get access to this site and pay a monthly fee to use the online tools we provide.
The Company and you are independent, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so shall not be considered valid.
By registering as a member and accepting this Agreement, you represent that: (i) you have read and understood this Agreement and agree to be bound by its terms and (ii) that you are at least 18 years of age or (iii) if you are under the age of 18 but are at least 13 years of age you agree that you have the consent of a parent or legal guardian who agrees to be bound by these Terms. Children under the age of 13 may not use our site or services for any purpose other than browsing, and parents or legal guardians may not agree to these Terms on their behalf. You must be 18 years or above to use The Company. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this website including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, please cease the use of this site immediately.
Use of this site and its content
You accept that you:
-Are of legal age to use this site, or have the parental/ guardian consent to do so(You may not use this site if you are under 13 years of age, and, you cannot purchase any products if you are under 18 years of age.)
-Shall not copy or distribute any part of The Company in any way without our prior written permission.
-Shall not provide any false information while creating a The Company Account or at any other place on this site or affiliated sites.
-Shall protect you login and password used to access The Company and you agree that any unauthorized use of your account shall not be the responsibility of The Company.
-Shall not use The Company to collect any personally identifiable information, including names, email addresses, account information or other such information, for any purpose;
-Shall not use our forums, message board, email or other features for any commercial solicitation purposes
-Are solely responsible for all actions and posts made from your account.
-Represent that you own or have the necessary, rights, permissions, licenses and consents to authorize The Company to use any and/or all content provided by you to The Company in accordance with the licenses granted in this Agreement;
-Hereby grant a non-exclusive license to The Company, it's designated employees, any application authorized by The Company to access the content you submit through The Company and to use, reproduce, distribute, display and perform such Content as permitted through The Company functionality and under these Terms of Service;
-Shall make sure that none of your submitted content violates the copyrights or laws of your or The Company's jurisdiction, is racially offensive, promotes hatred, is adult by nature, or is related to child pornography. You accept the sole responsibility of any such submission and agree to pay The Company any damages or claims caused by such actions.
-Agree that The Company has the right to determine if you submitted content is appropriate and to remove any content in its sole discretion.
Your The Company Account
You can create your account with The Company by signing up on The Company, on our affiliate sites.
The access to your account either created directly or through an affiliate is your responsibility and in no way we will responsible for any misuse of your account by unauthorized access or through other means. Your password with The Company is always encrypted and not even our employees can know it. It's you responsibility to protect your password and not to disclose it to anyone including our employees, merchants or agents.
You hereby agree that you shall not make multiple accounts on The Company using different email addresses and/or names for any purpose including but not limited to take advantage of trial structure, data mining etc. You hereby agree that if you create more than one account on The Company without explicit permission from The Company, all your accounts shall be cancelled and The Company shall not be liable to pay you anything.
You hereby agree that you shall not create an account if your account or site access has previously been terminated by The Company unless we explicitly allow you to do so.
You hereby agree that you shall use your account only for yourself and will not share it with other people either for free or for a fee.
You understand that if your account is used by more than one person, your account will be blocked and investigated. You agree that if The Company, in its sole discretion, finds you in violation of it's terms, you will not be entitled to any refunds.
Non-Confidentiality and Privacy
You hereby agree that the information you shall provide to or on The Company through private emails, contact forms, message boards, chat rooms or profile creationa nd update can be shared by The Company with its merchants and other affiliates and partners on as needed basis. The Company shall not treat any information given by you as confidential except your credit card information which is never stored on our servers and is transmitted to our processor through a secure connection (SSL),your password which is stored in encrypted format and your contact information including your address, phone number and email address which may be shared only with our partners so that they can contact you to serve you in the best possible way.
Emails you send to The Company can be shared by us with the third party support companies, its employees and any other technical or business support company to resolve your issues. Your email messages or any other communication with The Company shall not be treated as confidential and we may use this information without limitation.
Right to Modify the Agreement
The Company reserves the right to modify this agreement completely or any part of it with or without notice to the user. If there is any major change The Company shall but is not obligated to notify user at the email address provided by the user.
Loss of property and information
User shall be responsible for obtaining all the necessary software and hardware to access this site. The Company shall not be responsible for any cost incurred by the user to access this site. The Company shall not be responsible for any damage caused to the equipment or any loss of information or property resulting from the use of this site.
Rules Regarding Information and other Content
When you use our site you may read, change, use or post information in the form of text, images, videos etc. You shall also be able to post such content on our website.
You hereby agree that you shall not change or obscure any content on our website. You may not post any content on our website that
violates the copyrights, trademarks and other legal rights of others.
violates the privacy of others, is unlawful, defamatory, libellous, discriminatory, pornographic, obscene, racially charged, threatening, harassing, pornographic, hateful, or encourages criminal conduct, gives rise to civil liability, violates any law, or is otherwise inappropriate, as determined by The Company in its sole discretion
is inaccurate, or could harm our or our affiliates', partners' or merchants' reputation or property.
Though we do our best to identify and remove any inappropriate content from our website but it is not our obligation and during the use of this site you may encounter content that may be offensive and/or otherwise inappropriate for you and The Company takes no responsibility for your exposure to such content or any harm or damage caused due to user's exposure to such content.
Links to Third Party Sites
You may find links to third party sites on our website which are mostly but not limited to advertisers, merchants or partners. Your use of their site is not connected to The Company in anyway and is governed by their own Terms and Policies.
We are not responsible for any loss resulting from the use of the sites linking to us or by the use of the products or services offered by them. You hereby relieve us from any and all liability resulting from your use of any third party site or their products and services.
3.LIMITATION OF LIABILITY.
3.1 Limitation of Remedies. The Company's and the user's entire liability and exclusive remedy in any cause of action based on contract, tort or otherwise in connection with any Services furnished pursuant to this Agreement including its Exhibits shall be limited to the total amount of money paid by the User to the The Company. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the occurrence of the event giving rise to such cause of action.
3.2 EXCEPT WITH RESPECT TO AMOUNTS PAYABLE ARISING OUT OF CLAIMS BASED UPON SHALLFUL, MALICIOUS OR GROSSLY NEGLIGENT CONDUCT OF THE LIABLE PARTY, NEITHER THE SELLER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL IN ANY EVENT WHATSOEVER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES IN EXCESS OF THE TOTAL PRICE PAID BY THE USER TO The Company (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF The Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALLThe Company'S LIABILITY IN CONNECTION WITH A The Company SERVICE EXCEED THE AMOUNTS PAID FOR SUCH The Company.
Copyright Notice and Intellectual Property
Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website and our micro sites.
This Company's logo and all other images used on this site and in videos are property of The Company and whether registered or not, you shall not use any of it anywhere except for the ones that we explicitly permit you to use in a certain way e.g. banners and text ads, which can be used only for the purpose for which the permission has been granted.
If you think that The Company, its affiliates or partners have violated any of your copyrights or any material is used on our website for which you hold the copyrights, please contact our support team with all necessary evidence and the material shall be removed from our website as soon as possible.
The Company uses content that is either property of The Company or is in public domain. If you think any content violates any copyright, please let us know so that it can be removed from our website.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS The Company, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, MERCHANTS OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE The Company SITE; (II) YOUR USER SUBMISSIONS, INCLUDING The Company'S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSIONS; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AN (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY The Company. The Company RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. The Company SHALL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Most of the communication between you and The Company shall be through email, web posts or other electronic mediums. You hereby agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Company delivers to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Should any provision hereof be deemed, for any reason whatsoever, to be invalid or inoperative, such provision shall be deemed severable and shall not affect the force and validity of other provisions of this Agreement.
6. GOVERNING LAW AND EXCLUSIVE JURISDICTION.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, shall be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
7. FORCE MAJEURE.
Both Parties shall not be held responsible for any delay or failure in performance under this Agreement rising out of causes beyond its control, or without its fault or negligence (Force Majeure). For the purposes of these Terms, "Force Majeure" means a strike, lock?out, work stoppage or slow down or other labor dispute, popular uprising, sabotage, riot, rebellion, seizure, insurrection, act of terrorism, act of God, fire, storm, flood, war, accident, embargo, hostilities, explosion, perils of navigation, breakdown of or damage to any facilities, machinery or equipment (due to any cause or reason whatsoever) used to manufacture, obtain, store or distribute the Product, an act of any government, or any other event beyond the reasonable control of one party (whether similar or dissimilar to the causes specifically listed).
8. ENTIRE AGREEMENT.
The provisions herein constitute the entire agreement between the parties and supersede all prior agreements, oral or written, and all other communications between the parties, including any and all supplier or distribution agreements. No term or condition contained in any document provided by one party to the other party pursuant to this Agreement shall be deemed to amend, modify, or supersede or take precedence over the terms and conditions contained herein.
Disclaimers of Warranty
The Company reserve the right to terminate the whole website, a part of it, its affiliate program or any offer at any time with or without prior notice to you. We may end this agreement at any time and in case of such termination you are responsible to cease the use of this website without further delay.
Language of this Agreement
Both parties hereby express their wish to write this agreement and all the related agreements in English language and confirm that they fully understand every part of this agreement.
You can cancel the account with The Company anytime. Once your account is closed, you shall not be able to access your account again.
Promoting The Company is optional; you don't have to promote it to stay a The Company member.
You hereby agree that you shall only promote The Company in accordance with the applicable laws of your jurisdiction. You shall not use unsolicited email to recruit new members in any case. You shall not charge anyone for helping them to join The Company or for that matter anything related to The Company.
You shall not claim to be an employee or part of The Company in any way other than its user.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS The Company, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, MERCHANTS OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF ANY CLAIMS OR STATEMENTS OR ACTIONS OF OUR AFFILIATES OR MEMBERS INCLUDING BUT NOT LIMITED TO EARNING CLAIMS, MISREPRESENTATION, MISINFORMATION, EXAGERATION AND OTHER DECEPTIVE PRACTICES.