WEBSITE TERMS OF USE

Last Updated: January 13, 2014

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THIS AGREEMENT GOVERNS YOUR USE OF NORTHWEST TERRITORIES POWER CORPORATION WEBSITE (the “Website”).  BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE EXIT THE WEBSITE.  NORTHWEST TERRITORIES POWER CORPORATION MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE WILL MEAN YOU ACCEPT THOSE CHANGES.

  1. Your Acceptance of these Terms of Use

    These Terms of Use are a legal agreement between you and Northwest Territories Power Corporation (“NTPC”) regarding your access to and use of the Website located at http://www.ntpc.com. These Terms of Use constitute the entire agreement between you and NTPC regarding your use of the Website. These Terms of Use are in addition to any other agreement you may have with NTPC.

  2. Changes

    NTPC in its discretion may change these Terms of Use at any time by posting the changed Terms of Use on the Website at http://www.ntpc.com/content/legal. The changed Terms of Use are effective immediately upon posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

  3. Other Agreements for NTPC Products/Services

    These Terms of Use relate to your use of the Website only. Your purchase of NTPC's products and services are governed by other applicable agreements between you and NTPC and these Terms of Use are in addition to and supplement any other written agreements (including all account and customer service agreements) that you or any persons you represent have with NTPC now or in the future.  In the event of any conflict between these Terms of Use and any other agreement mentioned above, the provisions of this Agreement will govern regarding your use of the Website only.

  4. Personal Information Privacy

    By using the Website, you consent to the collection, use, retention, disclosure and deletion of your Personal Information in accordance with NTPC's Online Privacy Statement as amended from time to time and as otherwise permitted by applicable law.  

  5. Passwords

    You will be given a username and password to access your personal account portion of the Website.  All passwords are the property of NTPC, and may be cancelled or suspended at any time by NTPC in its discretion, without any notice or liability.  The use of a password does not restrict NTPC's access to your password-protected information.

    YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL AND NOT DISCLOSE IT TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE IT. 

    NTPC is not required to confirm the identity or authority of any person using your password and may act upon any communication that is given with the use of your password.  NTPC may, in its discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof.

    YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD.  YOU MUST NOTIFY NTPC IMMEDIATELY AT info@ntpc.com  [Draft note: verify email address for support contact] IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON. 

  6. Permissible Use

    You may use the Website solely for your lawful, personal, non-commercial purposes, subject to these Terms of Use and all applicable laws.

    The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of NTPC.

  7. Ownership of Website

    The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole) and all related proprietary rights (including trade-mark and copyright) are owned solely by NTPC and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of the Website does not transfer to you any right, title or interest in the Website or its content.  All rights not expressly granted by these Terms of Use are reserved by NTPC.

  8. Feedback and Comments

    If you give feedback about the Website or any NTPC products or services (including any ideas or suggestions for enhancements or improvements) to NTPC, then NTPC and its suppliers and licensors may use and commercialize the feedback in any way and for any purpose without providing any compensation or attribution to you or any other person.

    If you post or submit comments to the Website: (a) you are fully responsible for the comments; (b) you grant to NTPC permission to access, view, store, copy and reproduce the comments (in whole or in part) in any of the ways facilitated or provided by the Website; and (c) you represent and warrant to NTPC that its use of your comments will not violate the rights of any other person or any applicable laws.

  9. Linked Sites

    For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from NTPC, and NTPC does not control, endorse, and has no responsibility or liability for Linked Sites or their business, goods, services, content, website use policies or privacy practices. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk.

  10. Prohibited Activities

    You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain the Website content or other data by any means that is not made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person's use of the Website.

    Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means is strictly prohibited.

    Links to the Website without the express written permission of NTPC are strictly prohibited.

  11. Complaints

    If you have a complaint regarding the Website or content posted on the Website, please send an email with details of your complaint to: info@ntpc.com [Draft note: verify email address for complaint contact].

  12. Disclaimer

    NTPC provides the information found on this Website for informational purposes only. The information posted on this Website is not intended as advice to, or concerning, particular readers or circumstances.  Although NTPC will make a reasonable effort to respond to submissions made through the Website contact forms, NTPC does not guarantee that it will respond to submissions made through the Website.

    NTPC DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY NTPC TO THE FULLEST EXTENT PERMITTED BY LAW.

  13. Liability Exclusions/Limitations/Indemnity

    TO THE FULLEST EXTENT PERMITTED BY LAW, NTPC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE WEBSITE). IF, NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE, NTPC IS LIABLE TO YOU OR ANY OTHER PERSON RELATING TO THE WEBSITE OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE WEBSITE), THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NTPC 'S TOTAL AGGREGATE LIABILITY EVER EXCEED CDN$5.00. THIS SECTION APPLIES REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY NTPC OR ANY PERSON FOR WHOM NTPC IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR NTPC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED.

    YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS NTPC FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING LEGAL FEES), CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OBLIGATIONS AND LIABILITIES (INCLUDING LEGAL FEES, EXPENSES AND SETTLEMENT PAYMENTS) RELATING TO YOUR USE OF THE WEBSITE OR ANY NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE.

  14. Changes to Website / Termination of Use

    If you breach these Terms of Use, you may no longer use the Website.

    Notwithstanding any other provision of these Terms of Use, NTPC in its discretion may immediately change, discontinue, modify, restrict, suspend or terminate the Website, any of its content, and/or your permission to access and use the Website at any time without any notice or liability.

    If your permission to use the Website is terminated, then these Terms of Use will continue to apply in respect of your prior use of the Website.

  15. Governing Law and Disputes

     

  16. This Agreement shall be governed by and construed in accordance with the laws of the Northwest Territories and the applicable laws of Canada, without application of principle of conflicts of laws and the parties irrevocably submit to the jurisdiction of the courts of the Northwest Territories for the interpretation and enforcement of these Terms of Use.

    The Parties agree that any and all disputes and controversies relating to this Agreement not resolved by the parties shall be resolved by a single arbitrator pursuant to the provisions of the Arbitration Act RSNWT 1988, c A-5, as amended, supplemented or replaced from time to time. Any decision of the arbitrator pursuant to this Agreement shall be final and binding on the Parties and shall not be subject to review.

  17. Other Matters

Except as expressly set forth in these Terms of Use, NTPC will be entitled to pursue any and all of its rights and remedies arising from these Terms of Use concurrently, consecutively and alternatively.

If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect.

NTPC may, without your consent, assign these Terms of Use or any of NTPC's rights, duties or obligations under these Terms of Use.

In these Terms of Use: (a) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (b) "person" includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society and any other legal entity; and (c) "including" and "includes" mean including or includes (as applicable) without limitation or restriction.

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