NORTHERN CONTOURS, INC. WEBSITE TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY
Effective April 2017
Welcome to the Northern Contours, Inc. website (the “Site”). The site is owned by Northern Contours, Inc. (“Northern Contours”). Use of this Site is conditioned upon your acceptance of the terms and conditions below (the “Terms of Use”). By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to periodic changes & updates, and should be reviewed for changes periodically. Use of the website after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.1. Scope of Use
This Site is provided by Northern Contours. All software and content included on this site, such as logos, text, and images, are the owned or licensed property of Northern Contours, its licensors or content suppliers and are protected by United States and other national copyright laws. Northern Contours grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. Otherwise, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as expressly permitted in these Terms of Use. Modification of the materials or use of the materials for any other purpose is a violation of Northern Contours copyright and other proprietary rights. Any product, process or technology described in this website may be the subject of other intellectual property rights reserved by Northern Contours and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “mirror” or “frame the Site.2. Privacy Policy
Any information you give us will be stored and used in accordance with Northern Contours’ Website Privacy Policy. By indicating you accept these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.3. Disclaimer
THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NORTHERN CONTOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NORTHERN CONTOURS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.NORTHERN CONTOURS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM OMISSION, INTERRUPTION, DEFECT, ERROR, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND NORTHERN CONTOURS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
4. Limitation of Liability
NORTHERN CONTOURS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF NORTHERN CONTOURS, AN AFFILIATE OF NORTHERN CONTOURS, OR AN AUTHORIZED REPRESENTATIVE OF EITHER THESE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NORTHERN CONTOURS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO NORTHERN CONTOURS, IF ANY, FOR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.5. Indemnity
If you are accessing the Site in the course of a business or commercial enterprise, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.6. User Submissions & Access Security
If you register with this website, by registering you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality and security of your log-in information or password. Your log-in information and password may not be shared with or used by any other person, and may only be used as we may expressly authorize. You are solely liable for any unauthorized or otherwise unlawful use of any log-in information and password we may make available for you to access any part of this site, and you will indemnify and hold Northern Contours innocent from any suit, claim, loss or damage (including attorney fees) arising from or relating to the unauthorized or otherwise unlawful use of any log-in information or password used to access any part of this site.7. Changes & Modifications
Northern Contours, at its sole discretion, may, at any time, change, edit, revise and/or remove any portion of these Terms of Use in whole or in part. Changes in these Terms of Use will be effective when posted. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, edits or revisions. Northern Contours may modify its products or services at any time. Northern Contours may, at any time, terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site. Northern Contours may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability. Northern Contours may, at any time, terminate the authorization, rights and license given to you, as provided herein.8. Third-Party Providers & Sites and External Linking to the Site
On the Site Northern Contours may provide links or other access to websites or to payment processing functions operated by other entities as a convenience to Site users. If you use these site links, you will leave Northern Contours’ Site. Northern Contours makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Northern Contours disclaims all liability with regard to your access to such linked web sites.If you would like to link to this Site, you may do so only on the basis that you link to, but do not replicate, the home page of this Site. By establishing a link to this website, you will be deemed to have agreed to the following conditions:
a) you will not remove, distort or otherwise alter the size or appearance of any text, description, image or content
displayed on this Site or any Northern Contours logo, trademark, service mark, copyright, or other intellectual
property;
b) you will not in any way claim, represent or imply that Northern Contours endorses any products or services other than its own;
c) you will not create a frame or any other browser or border environment around this Site and you will not replicate or mirror any content on this website;
d) you will not misrepresent your relationship with Northern Contours nor communicate any other false, misleading or disparaging information about Northern Contours, its products, or its affiliates, employees or customers;
e) you will not otherwise use any Northern Contours trademarks or service marks displayed on this Site without express written permission from Northern Contours, and you shall make no use of such marks in a manner that is likely to cause confusion with, dilute or damage the goodwill in any Northern Contours trademark or service mark;
f) you will not link from a website that is not owned by you;
g) your will not link the Site to any other digital destination that contains content that is distasteful, pornographic, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
h) you will immediately remove and disable all links to the Site upon Northern Contours’ request.
b) you will not in any way claim, represent or imply that Northern Contours endorses any products or services other than its own;
c) you will not create a frame or any other browser or border environment around this Site and you will not replicate or mirror any content on this website;
d) you will not misrepresent your relationship with Northern Contours nor communicate any other false, misleading or disparaging information about Northern Contours, its products, or its affiliates, employees or customers;
e) you will not otherwise use any Northern Contours trademarks or service marks displayed on this Site without express written permission from Northern Contours, and you shall make no use of such marks in a manner that is likely to cause confusion with, dilute or damage the goodwill in any Northern Contours trademark or service mark;
f) you will not link from a website that is not owned by you;
g) your will not link the Site to any other digital destination that contains content that is distasteful, pornographic, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
h) you will immediately remove and disable all links to the Site upon Northern Contours’ request.
Northern Contours expressly reserves the right to revoke the right granted in this section for breach of these terms or for any other act that Northern Contours determines, in its sole discretion, may damage Northern Contours or its business in any way, and to take any action it deems appropriate including, without limitation, disabling or blocking any link to this Site and seeking appropriate legal remedies. On request by Northern Contours, you promptly will remove and disable any link to this Site. You shall fully indemnify Northern Contours for any loss or damage suffered by Northern Contours for breach of any condition stated in this Section and for any loss, damage or claim arising from or relating to your link to this Site. Northern Contours does not warrant or guarantee that any link to the Site will be functional and assumes no responsibility to assure that any link will access the Site.