Our Terms Of Use

This web site is operated by Nearctic Group, and its Affiliates. “Affiliates” in respect of Nearctic Group, includes our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the web site and/or its contents. The following terms control your use of this web site. If you do not agree with these terms, you should not use this web site. These terms may be changed from time to time at our sole discretion.

Links to Third Party Web Sites

We are not responsible for links to third party web sites.
Links to third party web sites (“linked sites”) are provided for you information and convenience.
We do not control and are not responsible for the contents of any linked site.
The appearance of linked sites does not mean we endorse, sponsor or authorize the linked sites, or their respective owners and operators.
Unless specifically stated, we are not affiliated with the owners and operators, of linked sites.
Linked sites have their own terms and conditions, and your use of such sites is governed by those terms and conditions and not by terms appearing on this web site.

Limitation of Liability

We are not liable for your use of this web site.
The web site content is provided on an “as is” basis and without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.
The content on this web site is provided solely for your information and convenience.
We do not warrant or represent (a) the results that you will obtain from using the content on this web site, or (b) the accuracy, reliability or currency of the content on this site.

WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF THIS SITE, OR INABILITY TO USE THIS SITE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Limited Rights to Use Our Web Site Content

You have limited rights to use our web site content.
You may print a copy of the information on this web site for your personal use only.
You may not reproduce, distribute or substantially copy the information from this site, or link to this web site without our prior written permission.
You are not permitted to post on or transmit to or from this web site any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material, or other content that could give rise to civil or criminal liability under the law.

This web site does not grant you any rights to use our trademarks, service marks or trade names.
The content on this site is protected by copyrights, trademarks and service marks, other intellectual property laws, and other laws and regulations.
Nearctic Group and one or more of its Affiliates are the copyright owners of all text contained on this web site.
The trademarks and service marks on this web site are the property of Nearctic Group or one or more of its Affiliates, or third parties who have granted us permission to include their trademarks and service marks on the web site.

User Material Submitted to the Web Site

While you retain rights in such communications, content or material, you grant us and our Affiliates a non-exclusive, irrevocable, royalty-free and fully paid-up, perpetual, sublicenseable, transferable and universal right and license to:

Copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used;
(and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and material, in connection with the provision of the services available on the web site; and
Use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the services available on the web site.
You also waive your moral rights in such communications, content or material in favour of Nearctic Group and its Affiliates.

To enable Nearctic Group to host your content pursuant to the above provisions, you hereby grant to Nearctic Group a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights solely in connection with the web site.

Privacy

Nearctic Group is committed to respecting the confidentiality and privacy of personal information.
Any collection, use or disclosure of personal information by Nearctic Group is subject to our Privacy Policy, a copy of which can be found here.
By agreeing to these Terms and using the web site, you are also agreeing to the Privacy Policy.
Please review the Privacy Policy carefully before using the web site.

Termination

You agree that we may, in our sole discretion, terminate your access to all or part of the web site with or without notice and for any reason including, without limitation, breach of these Terms.
Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the web site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the web site.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

General Principles Governing the Terms

These terms shall be governed by the laws of the province of Alberta and the country of Canada.
If any provision of these terms is unenforceable, it shall not affect the validity or enforceability of the remaining terms.
The terms are for the benefit of Nearctic Group, its Affiliates, and any third party who has agreed to have its content posted on this web site.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE WEB SITE, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEB SITE.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE WEB SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SITE OFFERED THROUGH THE WEB SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE WEB SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.

Nearctic Group has no special relationship with or fiduciary duty to you.
You acknowledge that Nearctic Group has no control over, and no duty to take any action regarding: which users gains access to the web site; what content you access via the web site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
You release Nearctic Group from all liability for you having acquired or not acquired content through the web site.