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Terms of Use, Disclaimer and Proprietary Rights

TERMS OF USE

The following describes the terms under which you may access and use Naka Power's website located at NakaPower.com (the “Naka Power Website”) as well as use any information posted on the Naka Power Website. By accessing the website, you are agreeing to be bound by the terms of this Agreement. If you do not agree with the terms and conditions set out in this Agreement you may not access or use the Naka Power Website or any information contained on the Naka Power Website.

The terms and conditions set out in this Agreement may be changed from time to time. It is your responsibility to check for such changes. If you do not agree with any amendment you must stop using and accessing the Naka Power Website.

LIMITED LICENSE

You are granted a limited license only to display and print information contained on the Naka Power Website for your own personal, non-commercial use. You may not otherwise reproduce, modify, republish or disseminate any information contained on the Naka Power Website in any manner or form whatsoever.

NO WARRANTY

THE WEBSITE AND ALL INFORMATION CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK. NAKA POWER MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE SOFTWARE AND WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NAKA POWER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN ITS SOFTWARE OR THE CONTENT OF THE WEBSITE.

Naka Power does not guarantee and disclaims all liability for the quality, accuracy, completeness or timeliness of any information contained on the Naka Power Website. Naka Power makes no commitment and disclaims any duty to update any information contained on the Naka Power Website. Any information contained on the Naka Power Website may be changed at anytime without notice.

DISCLAIMER OF LIABILITY

IN NO EVENT SHALL NAKA POWER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE NAKA POWER WEBSITE OR ANY USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE NAKA POWER WEBSITE HOWEVER ARISING, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION ON CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF NAKA POWER HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

IN ALL OTHER CIRCUMSTANCES NAKA POWER'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).

EXTERNAL LINKS

Links to websites outside of the Naka Power Website are provided as a convenience only and are not part of the Naka Power Website. No endorsement of any third party products or services, information, material or content referred to or included on, or linked from the Naka Power Website is expressed or implied.

SECURITIES INFORMATION DISCLAIMER

No Securities Solicitation

Nothing on the Naka Power Website is intended to constitute a solicitation or an offer to buy or sell any security.

Securities Disclosure

Some of the continuous disclosure documents filed by ATCO Ltd. with securities regulatory authorities in Canada may be listed on the Naka Power as a convenience only. The Naka Power Website may not be the most current or complete source for these documents because:

a) Current documents may not be posted;

b) Not all documents that have been filed with securities regulatory authorities will be posted on the Naka Power Website; and

c) When documents are posted to the Naka Power Website the documents or information contained in them may be lost or corrupted during such posting.

IF YOU ARE GOING TO RELY ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES. IF YOU NEED THE MOST CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS THAT HAVE BEEN FILED WITH THE SECURITIES REGULATORY AUTHORITIES.

Forward Looking Statements

Some of the documents filed by ATCO Ltd. with the securities regulatory authorities may contain forward-looking statements under applicable securities law. The reader is cautioned that the assumptions used in the preparation of these statements involve risks and uncertainties that may cause actual results to differ materially from the forward-looking statements. A full description of these risks and uncertainties may be found in ATCO Ltd.’s continuous disclosure documents as filed with the securities regulatory authorities.

Caution

Individual statements appearing in ATCO Ltd.’s securities filings are intended to be read in conjunction with and in the context of the complete documents in which they appear, including any documents incorporated therein by reference thereto, rather than as stand-alone statements. Further, these documents are not intended to be read in conjunction with any other material, including the content of the Naka Power Website.

Also note that the continuous disclosure documents are only current as of the date on which they are filed with the securities regulatory authority.

PROPRIETARY RIGHTS

Certain words, phrases, names, designs or logos used on the Naka Power Website may constitute trademarks, service marks or trade names of ATCO or other entities. Except as specifically set out herein, you may not use any such trademarks, service marks or trade names in any manner whatsoever.

GENERAL

This Agreement, the relationships between you and Naka Power and the use of Naka Power's Website and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Naka Power which in any way concerns this Agreement or the use of the Naka Power Website or any information contained thereon shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive relief.

Naka Power makes no representation that access to the Naka Power Website or that the information contained thereon is appropriate or legal in all jurisdictions. You may not access the Naka Power Website or use any information in those jurisdictions where it would be illegal. In any case, your access to the website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

All references herein to Naka Power shall be deemed to include any subsidiary, affiliate, associate or successor corporation of ATCO.

TERMS OF USE – CLIENT PORTAL

Please read these Terms of Use for our Client Portal ("TERMS OF USE") carefully before accessing or using our client portal website (the "Portal").

BY ACCESSING OR USING THE PORTAL (INCLUDING, ITS RELATED SERVICES), YOU ARE AGREEING TO THESE TERMS OF USE WITH EITHER NAKA POWER (YELLOWKNIFE) OR NAKA POWER (NWT)., DEPENDING UPON WHICH UTITLITY PROVIDES YOUR ELECTRICITY SERVICES (IN EACH CASE, “NAKA POWER” IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THE PORTAL (OR ANY OF ITS RELATED SERVICES).

Naka Power may modify these Terms of Use from time to time. Such modifications shall be effective upon posting of the modified Terms of Use on the Portal. Each time you use the Portal, you are agreeing to the version of these Terms of Use current at such time. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

USER ACCOUNTS

You may be required to have a user account to use certain functionality or services within the Portal (or any of its related services). To create your user account, you may be required to provide certain initial user account details, including username, password and personal information such as your first name, last name, email address, phone number, location, Naka Power account and electricity usage information. Please review, verify and update your user account details should changes occur. You are responsible for keeping your user account details current.

You may be permitted to authorize other individuals (such as your family members) (“Authorized Representatives”) to use the Portal as part of your user account. You are responsible for managing your user account, including the issuance and revocation of your Authorized Representative authorizations. You are responsible for the acts and omissions of your Authorized Representatives.

You are responsible for maintaining the confidentiality of your usernames and passwords. Naka Power and its affiliates, officers, directors and employees will not be held responsible for any loss or liability related to any lost, stolen or otherwise misappropriated username or password.

You agree to notify Naka Power immediately of any unauthorized use, theft or misappropriation of your account, usernames or passwords. Naka Power shall not be liable for any loss that you incur as a result of someone else using your usernames or passwords, either with or without your knowledge.

You may deactivate your user account at any time, for any reason, by contacting our customer service representatives at 1-867-873-4865 (Yellowknife) or 1-867-874-6879 or 1-800-264-5313 (Hay River).

PAYMENT INFORMATION

When creating your user account for the Portal, you may be given an opportunity to input information for one or more payment options including debit (namely, your bank account, Visa Debit, and Debit MasterCard), and credit cards (namely, Visa and MasterCard) into the Portal. You may select to link one or more of these stored payment options to your Portal user account. Upon making this selection, transactions made using the Portal will be charged to your designated payment option, as applicable. Activation of this feature on the Portal constitutes your authorization of all transactions made using the Portal.

The Portal will not accept all forms of payment (including, certain credit cards). In addition, Naka Power reserves the right to change, from time to time, the payment options which may be linked to your account through the Portal. Naka Power further reserves the right to disable any payment options already linked to your account at any time and for any reason.

When paying with one of the stored payment options, additional third-party terms will apply.

Visa Debit
Debit MasterCard
Visa
MasterCard

Your use of a payment option signifies your agreement to the applicable third-party terms as well as these Terms of Use.

PRIVACY

Naka Power is committed to respecting the privacy of the personal information of the individuals with whom we interact. Naka Power has developed various documents to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the Portal (or any of its related services). Please see our Privacy Policy on the Privacy page for further details.

When you use the Portal, you are consenting to the collection, use and disclosure of your personal information for the purpose of providing the Portal (and its related services) to you and your Authorized Representatives and to completing any transactions undertaken via the Portal.

In addition, the Portal may collect information related to your use of the Portal, including the IP address and domain used to access the Portal, the type and version of your browser or mobile device, the website you came from to access the Portal, the page you entered and exited at, any page that is viewed by that IP address when using the Portal and current location. We use this information to monitor our system performance (such as number of visits, average time spent, page views), to enable us to operate and manage our systems and applications and to better understand our customers so that we can work to continually upgrade our systems and applications.

You acknowledge and agree that access to and use of the Portal (and any of its related services) is provided via the Internet. Information stored in the Portal may be stored in Canada, India and/or the United States of America; and, may be accessible in other jurisdictions via the Portal. The Internet is not a fully secure medium and any communication with the Portal may be lost, intercepted or altered.

ACCEPTABLE USE

You are responsible for the content of any communications by you through the Portal (or any of its related services).

You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the Portal (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although Naka Power is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Portal (or any of its related services).

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Naka Power's information systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. Naka Power may, without notice, temporarily suspend your, or any other parties, access to the Portal (and any of its related services), (including, without limitation, any specific areas hosted within the Site) by deactivating any password(s) or links to the Internet if Naka Power reasonably suspects that you, or any other parties, are obtaining unauthorized access to Naka Power's other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Naka Power may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Portal, except as expressly permitted by Naka Power; (iii) link to, mirror or frame any portion of the Portal; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Portal, or unduly burdening or hindering the operation and/or functionality of any aspect of the Portal.

Naka Power does not condone or allow spam. You agree that you will not use the Portal (or any of its related services) to send unsolicited commercial or other e-mail.

NAKA POWER MATERIALS

Naka Power may make certain materials (including files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "Naka Power Materials") available to you from the Portal (or any of its related services). If you download or use Naka Power Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Naka Power's prior written permission, and (iii) shall be only be used in compliance with these Terms of Use and any additional license terms accompanying such materials. Naka Power does not transfer either the title or the intellectual property rights to the Naka Power Materials and retains full and complete title to the Naka Power Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Naka Power Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any Naka Power Materials into a human-perceivable form. Naka Power or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

The Portal (including its organization and presentation and Naka Power Materials) is the property of Naka Power and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trade-marks, trade-names, internet domain names and other similar rights.

USER MATERIALS

When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the Portal ("User Materials") you are granting Naka Power, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use your User Materials in connection with the operation of the Portal (or any of its related services) and Naka Power's businesses. By loading or creating User Materials on the Portal, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any all applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third-party rights rests with you.

You are responsible for your User Materials. You are responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. Naka Power shall not be responsible or liable for the deletion or accuracy of any User Materials.

You are responsible for obtaining and maintaining any necessary consents or permissions from any third party whose materials or information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Portal (or any of its related services) and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.

FEEDBACK

When you provide your comments, suggestions and feedback (collectively, “Feedback”) to Naka Power in respect of the Portal, Naka Power shall be free to use, disclose, reproduce, license (including sub-license at any level) or otherwise distribute or exploit, in whole or in part, the Feedback as it sees fit, entirely without obligation or restriction of any kind. You agree that you will not provide any Feedback to Naka Power which is subject to license or other terms which are inconsistent with the provisions of these Terms of Use.

CONFIDENTIAL INFORMATION

From time to time, you may be provided access to Confidential Information (defined below) through the Portal. You shall use the Confidential Information solely for the purpose for which it has been disclosed and shall not use the Confidential Information in any manner except as reasonably required for such purpose. You shall protect Naka Power and its licensors' interests in the Confidential Information and shall keep the Confidential Information confidential. You shall not disclose, allow access to, transmit or transfer the Confidential Information to any party without Naka Power's prior written consent, You shall notify Naka Power promptly of any unauthorized use or possession of the Confidential Information that comes to your attention.

In these Terms of Use, "Confidential Information" shall mean any and all information provided by, or on behalf of, Naka Power to you through the Portal, provided however that Confidential Information shall not include information which you can establish through written records: (i) is, at the time of disclosure, readily available to the trade or the public through no fault of Recipient, provided however that that where any part of such information is readily available to the trade or the public but a compilation of information which includes such part is not so available then such compilation shall be treated as Confidential Information hereunder; or (ii) was rightfully in your possession prior to the disclosure of such Confidential Information to you by, or on behalf of, Naka Power.

CURRENCY OF PORTAL

NAKA POWER MAY MAKE INFORMATION, NAKA POWER MATERIALS OR RELATED RESOURCES AVAILABLE TO YOU THROUGH THE PORTAL. NAKA POWER MAY UPDATE SUCH INFORMATION, NAKA POWER MATERIALS AND RELATED RESOURCES PERIODICALLY. HOWEVER, NAKA POWER CANNOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION, NAKA POWER MATERIALS OR RELATED RESOURCES ON THE PORTAL. NAKA POWER MAY REVISE, SUPPLEMENT OR DELETE INFORMATION, NAKA POWER MATERIALS AND/OR THE RESOURCES CONTAINED IN THE PORTAL AND RESERVES THE RIGHT TO MAKE SUCH CHANGES WITHOUT PRIOR NOTIFICATION TO PAST, CURRENT OR PROSPECTIVE VISITORS OR USERS.

LINKED APPLICATIONS AND WEBSITES

The Portal may provide links to third party applications or websites for your convenience only. The inclusion of these links does not imply that Naka Power monitors or endorses these applications or websites. Naka Power does not accept any responsibility for such applications or websites. Naka Power shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, websites or applications available on or through any third-party applications, websites or linked resources.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Portal. Computer viruses or other destructive programs may also be inadvertently downloaded from the Portal.

Naka Power shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Portal or your downloading of any of the Naka Power Materials or User Materials (collectively, "Materials") from the Portal. Naka Power recommends that you install appropriate anti-virus or other protective software.

Naka Power is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Portal.

WEBSITE AND MATERIALS PROVIDED “AS IS”

THE PORTAL, ITS RELATED SERVICES AND THE MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. NAKA POWER DOES NOT REPRESENT OR WARRANT THAT THE PORTAL, ITS RELATED SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

NAKA POWER DOES NOT GUARANTEE AND DISCLAIMS ALL LIABILITY FOR THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIALS CONTAINED ON THE PORTAL. NAKA POWER MAKES NO COMMITMENT AND DISCLAIMS ANY DUTY TO UPDATE ANY MATERIALS CONTAINED ON THE PORTAL. ANY MATERIALS CONTAINED ON THE PORTAL MAY BE CHANGED AT ANYTIME WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NAKA POWER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE PORTAL, ITS RELATED SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, NAKA POWER'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE PORTAL, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR NAKA POWER TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY NAKA POWER, NAKA POWER WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

Naka Power may, from time to time, but is in no way obligated to, permit you to access and use the Portal (or any of its related services) in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to the Portal (or any of its related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Naka Power shall not, in any event, be responsible to you in any way should you be unable to access the Portal (or any of its related services) at any time or from time to time.

Naka Power may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Portal (or any of its related services) and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist all use of the Portal (and any of its related services).

You may deactivate your user account at any time, for any reason, by contacting our customer service representatives at [insert phone number].

APPLICABLE LAW

The Portal is controlled, operated and administered by or on behalf of Naka Power located in the Northwest Territories, Canada. The Portal can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Northwest Territories, by accessing the Portal, you acknowledge and agree that all matters relating to access to or use of the Portal shall be governed by the laws of the Northwest Territories and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Northwest Territories and acknowledge that you do so voluntarily.

WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. WHERE PERMITTED UNDER THE APPLICABLE LAW, UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

GENERAL

Naka Power's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of Naka Power.

Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

Last updated: April 2, 2024