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.
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.
4.Collection of Personal Information
(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.
7.Use of Website
(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.
(b)Prohibited Acts. You agree not to knowingly:
i.use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
ii.post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind;
iii.post or send to the Website any Information that contains a virus, bug, or other harmful item;
iv.post or transmit into or on the Website any information in violation of another party’s copyright or intellectual property rights;
v.take any action which imposes an unreasonable or disproportionately large load on Glacier Digital’s infrastructure;
vi.redeliver any of the Content using “framing”, hyperlinks, or other technology without express written permission;
vii.use any device or technology to provide repeated automated attempts to access password-protected portions of the Website; or
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.
(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.
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.
9.Submissions of Information By You
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.
11.Trade-marks and Proprietary Materials
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.
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.
(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.
(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.
(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
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.