These Terms and Conditions describe the terms and conditions applicable to the use of the Niagara Peninsula Energy Inc. web site (the "Web Site"). These may be amended at any time and the posting of these amended terms on the Web Site shall constitute notice thereof. Except, as stated below, all amended terms shall be effective immediately upon such notice. By using the Web Site, you agree to be bound by these Terms and Conditions. If you do not agree with any of these terms or conditions, do not use the Web Site.
Use of the Web Site is at the users sole risk. All materials and information on the Web Site are provided on an "as is" and "as available" basis. Niagara Peninsula Energy Inc. makes no warranties or representations concerning the reliability, accuracy or likeliness of results of the use of the materials/information (including any related graphics) on this Web Site or otherwise relating to such materials/information or on any sites linked to this Web Site. Niagara Peninsula Energy Inc. makes no warranties or representations that access to the Web Site will be uninterrupted, timely, secure, or error free. Any material downloaded or otherwise obtained through the use of the Web Site is done at the users discretion and risk and that the user will be solely responsible for any damage to their computer system or loss of data that results from downloading such material.
Limitation of Liability.
In no event will Niagara Peninsula Energy Inc. be liable for any damages whatsoever, including special, direct, indirect, incidental or consequential damages, arising out of or in connection with the: use of; or performance of; or the information available or referred to on; the Web Site, including but not limited to, damages for loss of profits or revenues suffered by the user, its clients, employers or third parties howsoever caused and resulting from, but not necessarily limited to, breach of contract, tort, negligence or other legal statutory or equitable grounds, even if Niagara Peninsula Energy Inc. has been advised of the possibility of such damages.
All materials and information published or otherwise accessible through this Web Site, including but not limited to, news articles, text, photographs, images, illustrations, audio clips, software and other materials (the "Content") are protected by copyright, trademarks and/or other rights and laws, and are owned or controlled by Niagara Peninsula Energy Inc. or its licensors. Portions of the Web Site may be provided to Niagara Peninsula Energy Inc. under license. The copying, reproduction, or publication of any part of the Web Site is strictly prohibited, unless expressly authorized in writing by Niagara Peninsula Energy Inc. You agree to abide by all additional copyright notices, information and restrictions contained in any Content and in any content accessed through the Web Site.
The trademarks, logos and service marks, including but not limited to "Niagara Peninsula Energy", and other names, logos and icons identifying Niagara Peninsula Energy Inc.'s products and services and such other product, names, logos and icons of third parties (collectively the "Trademarks") displayed on the Web Site, are registered and unregistered Trademarks of Niagara Peninsula Energy Inc. and third parties. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Niagara Peninsula Energy Inc. or such third party that may own the Trademarks displayed on the Web Site. Your misuse of the Trademarks displayed on the Web Site, or any other Content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Niagara Peninsula Energy Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law.
Use of this Site.
While visiting the Web Site you may not: (A) post, upload, publish, reproduce, transmit or otherwise distribute information or other material (i) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or (ii) which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or (B) otherwise use this site in a manner which is contrary to law including the posting or transmitting of any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
You agree to defend, indemnify and hold Niagara Peninsula Energy Inc. and its affiliates and related companies, directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of the Web Site or the placement or transmission of any information or other materials on the Web Site by you or users of your account.
Niagara Peninsula Energy Inc. has not reviewed the web sites linked to or linked from the Web Site and is not responsible for the contents of any such linked site. Niagara Peninsula Energy Inc. makes no representations or warranties whatsoever about any such linked site. When you access a non-Niagara Peninsula Energy Inc. web site, you understand and acknowledge that it is independent from Niagara Peninsula Energy Inc., that Niagara Peninsula Energy Inc. has no control over the content on any such web site, and that Niagara Peninsula Energy Inc. does not assume any responsibility or liability for any communications or materials available at such web site and does not endorse the content or the use of such web site. Use of any such linked web site is at the user's own risk. Niagara Peninsula Energy Inc. reserves the sole right to either modify or discontinue the Web Site including any features therein at any time with or without notice to you.
You agree that Niagara Peninsula Energy Inc. may, in its sole discretion, terminate or suspend your access to all or part of the Web Site for any reason, including without limitation, breach of these Terms and Conditions. Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Web Site in any way, your only recourse is to immediately discontinue use of the Web Site.
These Terms and Conditions, including any and all documents referenced herein constitute the entire agreement between Niagara Peninsula Energy Inc. and you pertaining to the subject matter hereof. Niagara Peninsula Energy Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or rights. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required that these Terms and Conditions and all documents relating hereto be drawn up in English. Niagara Peninsula Energy Inc. has no obligation to monitor this site.
However, you agree that Niagara Peninsula Energy Inc. has the right to monitor this site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate this site properly, or to protect itself or its subscribers. Niagara Peninsula Energy Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these terms and conditions.
If you have any issues/difficulties with the terms, conditions, rules, policies, guidelines or practices which Niagara Peninsula Energy Inc. uses to operate this site, please contact us and we will be happy to discuss your concerns.