Terms and Conditions

Information Our Lawyers Want You To Read

  1. (a)Glacier Digital Corp (“Glacier Digital”) owns and maintains this website, www.Glacier Digital.com (the “Website”) for the purpose of being informed about our services. Feel free to browse the Website, but please read these terms of use before doing so.

  2. (b)Your access to and use of the Website is subject to the following Terms of Use. Glacier Digital reserves the right to update the Terms of Use at any time without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of the Website. By using, accessing and browsing the Website, you signify your acceptance of the Terms of Use, without limitation or qualification. If you do not agree to these Terms of Use, then please do not use the Website.

  3. 2.Accuracy and Completeness of Information

    While Glacier Digital attempts to provide accurate information on this Website, Glacier Digital makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to information on the website, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.

  4. 3.Modification of Website

    Information in the Website is subject to change without notice. Glacier Digital makes no representations that the materials in this Website are appropriate or available for use in other countries aside from Canada. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.

  5. 4.Collection of Personal Information

    • (a)From time to time, you may be requested to provide Glacier Digital Corp. with personal information. Such personal information is subject to Glacier Digital Corp.’s Privacy Policy. Glacier Digital Corp. reserves the right to provide your personal information to its local representative if, in the opinion of Glacier Digital Corp, providing such information to the representative is appropriate.

    • (b)In the event that you submit personal information to Glacier Digital Corp. through this site, in confidence, you consent to the collection, processing, transmission and disclosure of such information by Glacier Digital Corp. for the purposes of Glacier Digital Corp.’s internal use and specifically for the purposes set out on the web page or in Glacier Digital Corp.’s Privacy Policy.

    • (c)Glacier Digital Corp. will use all commercially reasonable efforts to keep such information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of services to you, (b) to the extent required by law, and (c) in accordance with Glacier Digital Corp.’s Privacy Policy.

  6. 5.Terms of Use

  7. (a)In consideration of your use of the any services provided on this site, you agree to:

    • i.provide true, accurate, current and complete Registration Data as prompted by the registration process;

    • ii.maintain and promptly update the Registration Data to keep it accurate, current and complete. If Glacier Digital Corp. has reasonable grounds to suspect that the information you have provided is untrue, not current or incomplete then Glacier Digital Corp. has the right to suspend or terminate the services provided to you by Glacier Digital Corp and refuse any and all current or future use of Glacier Digital’s website;

    • iii.maintain the security and confidentiality of your password and any other security or access information you may be given by Glacier Digital Corp and to not provide such information to any other person.

    • iv.be liable for all activities undertaken by you using any service provided by Glacier Digital Corp, including, but not limited to, access to materials on the Internet and use of email. All activities are at your own risk;

    • v.be liable for any activities that occur under your password or account;

    • vi.refrain from transferring your account in the Website to any other party without our prior written consent.

    • vii.refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username or password.

    • viii.refrain from using another person’s account without permission.

    • ix.immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Website or the Service or any other breach of security that you become aware of involving or relating to the Site.

    • x.allow Glacier Digital Corp to send you communications electronically. You agree that all agreements, notices, disclosures and other communications that Glacier Digital Corp. provides to you electronically satisfies any legal requirement that such communication be in writing. Any feedback that you provide shall be deemed to be non-confidential.

  8. 6.Privacy Policy

    Glacier Digital’s use of any personal information you submit to the Website is governed by Glacier Digital’s Privacy Policy, which is incorporated by reference into these Terms of Use.

  9. 7.Use of Website

  10. (a)Use Solely for Lawful Purposes. The Website may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any federal or provincial regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. Glacier Digital reserves the right to refuse service to anyone client without providing reason or cause.

  11. (b)Prohibited Acts. You agree not to knowingly:

  12. i.use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;

  13. ii.post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind;

  14. iii.post or send to the Website any Information that contains a virus, bug, or other harmful item;

  15. iv.post or transmit into or on the Website any information in violation of another party’s copyright or intellectual property rights;

  16. v.take any action which imposes an unreasonable or disproportionately large load on Glacier Digital’s infrastructure;

  17. vi.redeliver any of the Content using “framing”, hyperlinks, or other technology without express written permission;

  18. vii.use any device or technology to provide repeated automated attempts to access password-protected portions of the Website; or

  19. viii.alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of Glacier Digital and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.

  20. (c)Links to third party sites. This Website may link to other sites not maintained by or related to Glacier Digital. Glacier Digital has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Glacier Digital of the site. Use of any such linked Web site is at the user’s own risk.

  21. 8.Purchases

    By making any purchase from Glacier Digital Corp., through its site, you agree to abide and be bound by the terms and conditions of Glacier Digital Corp.’s Terms and Conditions of Purchase, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase from Glacier Digital Corp. without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where such purchase is prohibited by your local law.

  22. 9.Submissions of Information By You

    Grant of licence to Glacier Digital. If you, or your agent, submits information to the Website, including without limitation, submission of any advertisement, or user profile information, you grant Glacier Digital a non-exclusive, worldwide, royalty-free licence to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted information. By submitting information to the Website you, or your agent, warrant and represent that you own or otherwise control all of the rights necessary for you to provide, post, upload, input or submit the information. No information you submit shall be deemed confidential. However, Glacier Digital agrees to use your Information in accordance with Glacier Digital’s Privacy Policy applicable to personally identifiable user data. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to the Website.

  23. 10.Copyright Notice

    You should assume that all materials, designs, text, audio, graphics, user interfaces, visual interfaces, photographs, images, trade-marks, logos, sounds, music, artwork and computer code contained in the Website (collectively, the “Materials”) are copyrighted property of Glacier Digital or related entities. Glacier Digital neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to Glacier Digital.

  24. 11.Trade-marks and Proprietary Materials

    This Website contains many valuable trade-marks, names, titles, logos, images, designs, and other proprietary materials that are owned or used under license by Glacier Digital (the “Trade-marks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these Trade-marks. If you misuse any Trade-mark in violation of these Terms of Use, Glacier Digital will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

  25. 12.Disclaimers

    THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU HEREBY DISCLAIM ALL WARRANTIES BY GLACIER DIGITAL RELATING TO YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE WEBSITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND WEBSITE-RELATED SERVICES.

  26. 13.Limitation of Liability

    IN NO EVENT SHALL GLACIER DIGITAL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES PROVIDED BY GLACIER DIGITAL, YOUR USE, MISUSE OR INABILITY TO USE ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND THE GLACIER DIGITAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR ANY SERVICE RELATED TO ANY DAMAGES SUFFERED BY YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

  27. 14.Indemnification

    You agree to indemnify and hold harmless Glacier Digital, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, losses, and expenses arising from your use of and access to the Glacier Digital Websites, use or access to the services of Glacier Digital, your violation of these Terms of Use or of any third party right including, without limitation, any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

  28. 15.General Terms

  29. (a)Violations of Terms and Conditions. Should you violate these Terms and Conditions or any other rights of it, Glacier Digital reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Website. If Glacier Digital should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.

  30. (b)You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.

  31. (c)Jurisdiction. These Terms of Use are governed and interpreted under the laws of the Province of Ontario. You agree that any cause of action in relation to the Glacier Digital must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.

  32. (d)Severability. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

  33. (e)Entire Agreement. These Terms of Use, together with the Privacy Policy and any other legal notices published by Glacier Digital on the Website, shall constitute the entire agreement between you and Glacier Digital with respect to the Website. You acknowledge that any other agreements between you and Glacier Digital with respect to the Website are superseded and of no force or effect.

  34. (f)Waiver. No delay or omission to exercise any right or remedy accruing to Glacier Digital upon any breach or default by you shall constitute a waiver by Glacier Digital of any breach or default.

  35. (g)Notice. All demands, notices, communications and reports required under these terms and conditions of use directed to Glacier Digital Corp. shall be in writing and shall be either sent by email or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to Glacier Digital Corp at the following address:

    Glacier Digital Corp.

    3390 South Service Road,

    Burlington, ON, Canada

    L7N, 3J5

    Email: info@glacier-digital.com

    Any notice hereunder to the User shall be at the most recent email address that has been provided by the User to Glacier Digital Corp.

  36. (h)Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Terms of Use.

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