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Terms & Conditions
This version of the Web Site User Agreement has been in force since May 3, 2005.
Please review this Web Site User Agreement (“Agreement”) carefully. The Agreement governs your use of The North West Company Fund (“The North West Company”) web site www.northwest.ca. Every time you access the web site, the text of this Agreement as it then reads will govern your use. We ask that you not use the web site if you do not agree with any of the provisions of this Agreement each time you access it.
ACCEPTANCE OF THIS AGREEMENT
This Agreement is between you and The North West Company, and governs your use of the web site. Each time you access the web site you signify your acceptance and agreement, as well as the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree and accept this Agreement or you do not have the legal authority to agree and accept this Agreement, you may not use the web site.
REVISIONS TO THIS AGREEMENT
You are not entitled to change, supplement, or amend this Agreement in any manner whatsoever. The North West Company may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the web site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the web site.
PERMITTED USERS AND ACCESS
Persons may not use the web site in jurisdictions where access to or use of the web site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the web site is lawful, and you must comply with all applicable laws.
NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING MATTERS ADVICE OR RECOMMENDATIONS, OR AN OFFER TO SELL OR BUY ANY UNITS, PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
The North West Company strives to make your use of the web site an enjoyable experience. Nevertheless, The North West Company does not accept any liability for your use of the web site. For this reason, the following provisions apply to your use and access of the web site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE NORTH WEST COMPANY INC. TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT THE NORTH WEST COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE NORTH WEST COMPANY’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE COMPLETELY ELIMINATED.
THE NORTH WEST COMPANY IS UNDER NO OBLIGATION WHATSOEVER TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE. THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. THE NORTH WEST COMPANY IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NORTH WEST COMPANY MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; CERTAIN OR OTHER RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; ANY INFORMATION YOU PROVIDE OVER THE INTERNET (INCLUDING E-MAIL) IS SECURE; THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON. THE NORTH WEST COMPANY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE NORTH WEST COMPANY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, LOSS OF REPUTATION, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE NORTH WEST COMPANY OR ANY PERSON FOR WHOM THE NORTH WEST COMPANY IS RESPONSIBLE, AND NOTWITHSTANDING THAT THE NORTH WEST COMPANY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE NORTH WEST COMPANY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR FAULT OR WRONGDOING BY THE NORTH WEST COMPANY OR ANY PERSON FOR WHOM THE NORTH WEST COMPANY IS RESPONSIBLE, EXCEED $1.00 (CAD).
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE NORTH WEST COMPANY AND ALL OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXISTS, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE NORTH WEST COMPANY AND ALL OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY THE NORTH WEST COMPANY OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the web site. The North West Company, in its sole discretion, may change, suspend, terminate, temporarily or permanently, the web site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
If this Agreement, or your permission to use the web site, is terminated by The North West Company for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the web site.
OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The web site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the web site are the property of The North West Company and others, and are protected by domestic and international copyright, trademark, and other laws. Your use of the web site does not transfer to you any ownership or other rights in the web site or its content.
The web site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the web site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of The North West Company. You may not use any of the software that is used in the operation of the web site except while you are using the web site. You may not reproduce, copy, duplicate, sell, or resell any part of the web site (including the software used in the operation of the web site) or access to the web site.
The web site is made available to you for your lawful use only. You may access and browse the web site using commercially available, SSL-capable web browser software. You may print or download the pages of the web site for your personal use provided that you do not modify any of the web site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
You are permitted to copy electronically and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies are unamended and clearly display the copyright and any other proprietary notices of The North West Company. No other copying of this website, in whole or in part, is permitted without the express written authorization of The North West Company.
There are simple ways to either refuse all cookies, or accept them each time they are offered. Consult your browser’s help files for assistance on changing cookie settings or removing cookie files.
PERSONAL INFORMATION PRIVACY
The North West Company
77 Main Street
Winnipeg, Manitoba R3C 1A3
The North West Company Inc., The North West Company, Northern, North Mart, Quick Stop, Northern Financial Services, Inuit Art Marketing Service, Healthy Living, AC Value Center, Frontier Expeditors, Crescent Multifoods, The North West Company Fur Marketing Branch, and Selections are some of the trade-marks owned by The North West Company Inc. and The North West Company Fund. Other product and company names and logos appearing on the web site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names and trade-marks displayed on the web site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade-names and trade-marks displayed on the web site.
Images of people used on this website are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.
THIRD PARTY WEB SITES
LINKING AND FRAMING THE WEB SITE
Links to the web site without the express written permission of The North West Company is strictly prohibited.
The framing of the web site or any of its content in any form and by any method is strictly prohibited.
GOVERNING LAW AND DISPUTE RESOLUTION
The web site is controlled by The North West Company from Winnipeg, Manitoba, Canada. This Agreement, your use of the web site, and all related matters are governed solely by the laws of the Province of Manitoba, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between The North West Company and you or any other person arising from, connected with or relating to the web site, this Agreement or any related matters must be resolved before the Courts of Manitoba sitting in the City of Winnipeg, Manitoba, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the web site, this Agreement, or any related matter must commence in a Court of competent jurisdiction in the City of Winnipeg, Manitoba, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon The North West Company and its successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of The North West Company, which may be withheld in The North West Company’s sole discretion. The North West Company may assign this Agreement and its rights and obligations under this Agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any proceeding or subsequent breach or default.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to The North West Company.