Acceptance of Terms
Welcome to the NorthStar Energy website. These Terms of Service ("Terms") govern your access to and use of the NorthStar Energy website, mobile applications, and services (collectively, the "Site").
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Site.
These Terms constitute a legally binding agreement between you and NorthStar Energy ("we," "our," or "us"). If you are using the Site on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.
Changes to Terms
We may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Site. Your continued use of the Site after we post any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
We will notify you of any material changes to these Terms by posting a notice on our homepage or by sending an email to the email address you provided during registration. It is your responsibility to keep your contact information current.
Access and Use of the Site
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use.
We reserve the right to modify, suspend, or discontinue the Site or any part thereof at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Site, including, without limitation, modems, hardware, software, and internet connection. You are responsible for ensuring that such equipment and services are compatible with the Site.
Account Registration
Some features of the Site may require registration for an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.
You are solely responsible for safeguarding your password and for all activity that occurs on your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable, or if it infringes on any trademark or violates any rights of others.
Intellectual Property
The Site and its original content, features, and functionality are owned by NorthStar Energy and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
User Content
The Site may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness.
By posting User Content on or through the Site, you represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license described below.
- The User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity.
- The User Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- The User Content does not violate any federal, provincial, or local law, regulation, or ordinance.
You retain any and all rights to any User Content you submit, post, or display on or through the Site, and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.
Prohibited Conduct
You agree not to use the Site:
- In any way that violates any applicable federal, provincial, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate NorthStar Energy, a NorthStar Energy employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm NorthStar Energy or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NORTHSTAR ENERGY NOR ANY PERSON ASSOCIATED WITH NORTHSTAR ENERGY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORTHSTAR ENERGY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORTHSTAR ENERGY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless NorthStar Energy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site, or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts of the Province of Alberta, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the rules of the Canadian Arbitration Association by one or more arbitrators appointed in accordance with said rules.
The place of arbitration shall be Calgary, Alberta. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Site, and no class arbitration proceedings shall be permitted.
Miscellaneous
Entire Agreement: These Terms, including our Privacy Policy, constitute the entire agreement between you and NorthStar Energy regarding the Site and supersede all prior and contemporaneous written or oral agreements between you and NorthStar Energy.
Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intentions, and the remaining provisions of the Terms shall remain in full force and effect.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
Notices: Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail, return receipt requested, or email (by us to the email associated with your account or by you to [email protected]).
Contact Us
If you have any questions about these Terms, please contact us at:
Legal Department
NorthStar Energy
245 10 Avenue SW
Calgary, AB T2R 0V6
Canada
Email: [email protected]
Phone: +1 (403) 555-0145