NorthStar Utilities Solutions Terms of Use.

NorthStar Utilities Solutions ("NorthStar Utilities Solutions", “NorthStar”, "we", "us", "our") provides various Sites for use by its licensees, customers, and potential customers.  Access to and use of such Sites is subject to these terms and conditions of use (“Terms of Use”).

1. GENERAL. 

Welcome to the website of NorthStar.  By using this website or any other website sponsored by NorthStar or its affiliates, you are agreeing to these terms. These terms can be changed at any time by NorthStar in its sole discretion by updating this notice.  If you do not agree to these terms, you are not permitted to use this website. 

2. “SITE” DEFINITION AND GUIDELINES. 

"Site" shall include any information or services made available by NorthStar, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice.

The Site is not intended for users under 18 years of age. If you are under 18, do not use the Site and do not provide us with any personal information.

We make no claims that the Site or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws and regulations.

3. ELECTRONIC COMMUNICATION.  

When you visit NorthStar’s Site or communicate with NorthStar through the Site, you are communicating with NorthStar electronically. Any NorthStar responses to you will be via return email.  You agree that all communications pursuant to these terms may be communicated electronically, and that these communications satisfy all legal requirements for notice.

4. DESCRIPTION OF NORTHSTAR PRODUCTS AND SERVICES.  

NorthStar strives to be open, accurate, and reliable in its description of its products.  However, NorthStar does not warrant that the contents of its web page(s) or its product descriptions are accurate, reliable, complete, current, or error free.  Prices and availability of any service or product on this website are subject to modification by NorthStar, in its sole discretion, without notice.  The description of any NorthStar product or service on this Site does not guarantee that said product or service is presently available.  All orders for products or services are subject to current and applicable law, including laws and regulations governing the import and export of technology.

5. COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION. 

This Site, as well as all its content, is the intellectual property of NorthStar and subject to intellectual property protection, including U.S., Canadian and international copyright protection and trademark protections.  The Site and its contents are provided only for its stated uses, and you may not use the information hereon other than for your own private use.  Nothing on this Site confers on you any ownership rights in or to its contents.  By providing this information, NorthStar does not, however, imply any sort of warranty, license or support for any NorthStar products or services. You must have a license agreement with NorthStar to use its software, and you must have a support agreement with NorthStar to receive any assistance.  If you are using NorthStar products, you warrant and affirm that you have an appropriate license to do so. 

6. USES OF SITE. 

The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of NorthStar or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the prior written permission of NorthStar. NorthStar grants you a personal, non-exclusive, non-transferable, revocable license to use the Site and any materials on the site for non-commercial purposes subject to these Terms of Use.

7. PROHIBITED USES OF THE SITE. 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

a)     In any way that violates any applicable federal, Provincial, State, local or international law or regulation.

b)    To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

c)     To impersonate or attempt to impersonate NorthStar, a NorthStar employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

d)    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm NorthStar or users of the Site or expose them to liability.

e)     To "Scrape" or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.

f)     To introduce any viruses, Trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.

g)    To 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.

h)    To otherwise attempt to interfere with the proper working of the Site.

8. TERM AND TERMINATION. 

The terms of this Agreement remain in effect unless and until terminated by NorthStar.  NorthStar may terminate this Agreement for its convenience, for any reason or for no reason.   NorthStar may discontinue, modify, remove, or expand its website at any time, in whole or in part. 

9. NO WARRANTIES.

USE OF THE WEBSITE IS PROVIDED “AS IS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.  NorthStar does not warrant that its website or server will operate error-free; nor does NorthStar warrant that its website or server are free of computer viruses and harmful components. If your use of our website results in the need for services or replacing equipment or data, NorthStar is not responsible for paying or sharing those costs.

10. LIMITATION OF LIABILITY.  YOU USE THIS SITE AT YOUR OWN RISK.

NEITHER NORTHSTAR NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NORTHSTAR AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.  If, notwithstanding the other provisions of this Agreement, NorthStar is found liable to you for any loss or damage that arises out of or is in any way related to the use of this website, you agree that NorthStar’s liability will not exceed Seven ($7.00) U.S. Dollars.

11. INDEMNIFICATION. 

You agree to indemnify, defend and hold harmless NorthStar, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of you or any user of your account or these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. NorthStar reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

12. APPLICABLE LAW. 

The laws of the Province of Ontario, Canada shall govern your use of the Site, without reference to the Conflicts of Law provisions thereof.  The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is inapplicable.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

13. EXPORT CONTROL. 

You warrant that you will comply with all U.S.  and Canadian laws relating to the export of technology from these United States.  You agree that you will not export any technology from the United States of America in violation of these laws.  

14. THIRD PARTY LINKS, WEBSITES AND CONTENT. 

We do not review or monitor any websites, advertisements, or other media linked to or available through the Site and are not responsible for the content of any such third party advertisements or linked websites. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither NorthStar nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Site, and we shall not receive or review complaints regarding such purchases.

15.  MISCELLANEOUS.

No waiver of any breach hereof or default here under shall be deemed a waiver of any subsequent breach or default of the same or similar nature. If any of the provisions in these terms of usage is found to be illegal, invalid or unenforceable under present or future law, the remaining provisions shall not be affected thereby.   These terms of service shall not be more strictly construed against one party or the other on account of drafting.   You agree to report any violation of these terms of service to marketing@northstarutilities.com.