The following describes the terms under which you may access and use Northland Utilities Ltd.’s (“Northland Utilities”) website located at NorthlandUtilities.com (the “Northland Utilities Website”) as well as use any information posted on the Northland Utilities 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 Northland Utilities Website or any information contained on the Northland Utilities 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 Northland Utilities Website.
You are granted a limited license only to display and print information contained on the Northland Utilities Website for your own personal, non-commercial use. You may not otherwise reproduce, modify, republish or disseminate any information contained on the Northland Utilities Website in any manner or form whatsoever.
THE WEBSITE AND ALL INFORMATION CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK. NORTHLAND UTILITIES 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. NORTHLAND UTILITIES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN ITS SOFTWARE OR THE CONTENT OF THE WEBSITE.
Northland Utilities does not guarantee and disclaims all liability for the quality, accuracy, completeness or timeliness of any information contained on the Northland Utilities Website. Northland Utilities makes no commitment and disclaims any duty to update any information contained on the Northland Utilities Website. Any information contained on the Northland Utilities Website may be changed at anytime without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL NORTHLAND UTILITIES 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 NORTHLAND UTILITIES WEBSITE OR ANY USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE NORTHLAND UTILITIES 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 NORTHLAND UTILITIES HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
IN ALL OTHER CIRCUMSTANCES NORTHLAND UTILITIES' TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (CDN).
Links to websites outside of the Northland Utilities Website are provided as a convenience only and are not part of the Northland Utilities Website. No endorsement of any third party products or services, information, material or content referred to or included on, or linked from the Northland Utilities Website is expressed or implied.
SECURITIES INFORMATION DISCLAIMER
No Securities Solicitation
Nothing on the Northland Utilities Website is intended to constitute a solicitation or an offer to buy or sell any security.
Some of the continuous disclosure documents filed by ATCO Ltd. with securities regulatory authorities in Canada may be listed on the Northland Utilities Website as a convenience only. The Northland Utilities 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 Northland Utilities Website; and
c) When documents are posted to the Northland Utilities 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.
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 Northland Utilities 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.
Except as otherwise noted, the content, text, graphics and software located on or at the Northland Utilities Website are Copyright © 2000 - 2009 ATCO Ltd.
Certain words, phrases, names, designs or logos used on the Northland Utilities 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.
This Agreement, the relationships between you and Northland Utilities and the use of Northland Utilities’ 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 Northland Utilities which in any way concerns this Agreement or the use of the Northland Utilities 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.
Northland Utilities makes no representation that access to the Northland Utilities Website or that the information contained thereon is appropriate or legal in all jurisdictions. You may not access the Northland Utilities 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 Northland Utilities shall be deemed to include any subsidiary, affiliate, associate or successor corporation of ATCO.
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, Northland Utilities 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. Northland Utilities 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 Northland Utilities immediately of any unauthorized use, theft or misappropriation of your account, usernames or passwords. Northland Utilities 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).
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, Northland Utilities reserves the right to change, from time to time, the payment options which may be linked to your account through the Portal. Northland Utilities 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
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.
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 Northland Utilities 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).
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 Northland Utilities; (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.
Northland Utilities 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.
NORTHLAND UTILITIES MATERIALS
The Portal (including its organization and presentation and Northland Utilities Materials) is the property of Northland Utilities 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.
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 Northland Utilities, 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 Northland Utilities' 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. Northland Utilities shall not be responsible or liable for the deletion or accuracy of any User Materials.
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 Northland Utilities 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 Northland Utilities' prior written consent, You shall notify Northland Utilities promptly of any unauthorized use or possession of the Confidential Information that comes to your attention.
CURRENCY OF PORTAL
NORTHLAND UTILITIES MAY MAKE INFORMATION, NORTHLAND UTILITIES MATERIALS OR RELATED RESOURCES AVAILABLE TO YOU THROUGH THE PORTAL. NORTHLAND UTILITIES MAY UPDATE SUCH INFORMATION, NORTHLAND UTILITIES MATERIALS AND RELATED RESOURCES PERIODICALLY. HOWEVER, NORTHLAND UTILITIES CANNOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION, NORTHLAND UTILITIES MATERIALS OR RELATED RESOURCES ON THE PORTAL. NORTHLAND UTILITIES MAY REVISE, SUPPLEMENT OR DELETE INFORMATION, NORTHLAND UTILITIES 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 Northland Utilities monitors or endorses these applications or websites. Northland Utilities does not accept any responsibility for such applications or websites. Northland Utilities 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.
Northland Utilities 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 Northland Utilities Materials or User Materials (collectively, "Materials") from the Portal. Northland Utilities recommends that you install appropriate anti-virus or other protective software.
Northland Utilities 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. NORTHLAND UTILITIES 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.
NORTHLAND UTILITIES DOES NOT GUARANTEE AND DISCLAIMS ALL LIABILITY FOR THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY MATERIALS CONTAINED ON THE PORTAL. NORTHLAND UTILITIES 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
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
You may deactivate your user account at any time, for any reason, by contacting our customer service representatives at [insert phone number].
The Portal is controlled, operated and administered by or on behalf of Northland Utilities 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.
Last updated: March 30, 2020