Terms and Conditions
Please read these terms and conditions carefully before using NAPPO. website.
Welcome to NAPPO. website. These Terms and Conditions (as defined herein) apply to NAPPO. By using these website, you agree, without limitation or qualification, to be bound by these terms and conditions and any other additional or alternative terms.
Conditions, rules, and policies may be modified by NAPPO. from time to time in its sole discretion (collectively, the "Terms and Conditions"). If you do not agree to these Terms and Conditions, you may not use a NAPPO. website or any of the service on the website.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a NAPPO. website following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Restrictions on use of materials
All material, information and content available on a NAPPO. website (collectively, "Content"), including the manner in which such Content is presented, and the Services are: Copyright © NAPPO., its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. NAPPO. grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a NAPPO. website or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
All product, brand and company names, and logos used or mentioned on a NAPPO. website are registered trademarks of their respective owners. Any use of any trademarks appearing on a NAPPO. website or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
In consideration of the availability, and your use, of a NAPPO. website, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such NAPPO. website. You acknowledge that NAPPO. may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
*post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a NAPPO. website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a NAPPO. website, any of the Services, or the Internet;
*defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity;
*post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
*post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A NAPPO. WEBSITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT NAPPO. MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) NAPPO. SPECIFICALLY MAKES NO WARRANTIES THAT A NAPPO. website OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A NAPPO. website OR ANY OF THE SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Professional information disclaimer
The NAPPO. website may make available certain information provided by third parties related to various professional fields such as, without limitation to environmental, Engineering, project management, mining or related matters, law, financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific project or course of action. Use of a NAPPO. website does not replace consultations with a qualified expert, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that NAPPO., including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Financial information disclaimer
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by NAPPO. through a NAPPO. website or any of the Services is: (a) for information purposes only; (b) not tailored to the needs or circumstances of any person; and (c) to the extent if applicable to a particular security, only a general discussion of the merits and risks associated there with, d) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by NAPPO., and e) not necessarily reflective of the views or policy of NAPPO., including the publisher, contributors and staff of, and advertisers on, a NAPPO. website. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by NAPPO.. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED EXPERT ADVISOR. NAPPO. DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You acknowledge that NAPPO. or its partners may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a NAPPO. website. The views and opinions expressed on a NAPPO. website is not intended to constitute a description of securities bought, sold, or held on behalf of NAPPO. nor an indication by NAPPO. of any intention to buy, sell, or hold any security.
NAPPO. reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a NAPPO. website. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of a NAPPO. website and any of the Services immediately. Your continued use of a NAPPO. website or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, NAPPO. reserves the right to change, modify, suspend or discontinue any aspect of a NAPPO. website, Services or Content from time to time without notice or liability and for any reason whatsoever.
Content linked to a NAPPO. website
Please exercise discretion while browsing the Internet. Please note that certain links on a NAPPO. website may take you to other websites. NAPPO. provides these links only as a convenience and not as an endorsement by NAPPO. These linked websites are not necessarily under the control of NAPPO. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. NAPPO. is not responsible for the content of any such linked websites or any other web page which is not part of a NAPPO. website and under NAPPO.'s control. Unless otherwise expressly provided, NAPPO.l makes no representation or warranty regarding and does not endorse, any linked website or the information, products or services appearing thereon. Accordingly, you agree that NAPPO. will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any website linked from a NAPPO. website.
Dealing with third parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including partner organizations, found on, or through, a NAPPO. website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. NAPPO. assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone. You agree that NAPPO. shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of NAPPO., its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a NAPPO. website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to (a) your breach of any of these Terms and Conditions; (b) your access to or use of a NAPPO. website, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a NAPPO. website or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NAPPO., INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER NAPPO. HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A NAPPO. website, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A NAPPO. website OR ANY OF THE SERVICES.
You expressly acknowledge that NAPPO. has entered into this agreement, and has and will make a NAPPO. website, Content, and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and NAPPO.. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of the contract, the failure of any exclusive remedy or termination of this agreement.
Governing law / Jurisdictional issues
NAPPO. website and Services are controlled, operated and administered by NAPPO. from its offices within the USA. NAPPO. makes no representation or warranty that a NAPPO. website or any of the Services are appropriate or available for use at any locations outside the USA. If you access a NAPPO. website from outside the USA, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a NAPPO. website in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, the USA, without reference to its conflict of laws principles. Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Arbitration and actions
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any NAPPO. website or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) 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 the USA and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between NAPPO. and you pertaining to your use of a NAPPO. website, Services, and Content and supersede any prior agreements between you and NAPPO. with respect to the subject matter hereof. NAPPO.'s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.