Website Terms and Conditions
Northern Digital Inc. offers a wide range of content, communication tools, forums, and information about its products and services via its public website or its support website. By accessing and using either of these websites, you are agreeing to accept and comply with the terms and conditions as stated below. If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree to these Terms and Conditions, or if you do not understand these Terms and Conditions, you should immediately discontinue any use of this website. Also note that these Terms and Conditions may change from time to time and it is your responsibility to check for such updates. The last revision date for these Terms and Conditions is set forth below. You further agree that Northern Digital Inc. may, at its sole discretion, terminate your access to this website at any time without notice.
Please note that these Terms and Conditions apply to the use of Northern Digital Inc.’s public website and Northern Digital Inc.’s support site (hereinafter jointly and severally referred to as “NDI Websites”).
Last revised: June 7, 2007.
- Ownership of Content The NDI Websites and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by Northern Digital Inc. or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Northern Digital Inc. or others. Your use of any Content, except as provided in these Terms and Conditions is strictly prohibited.
- Limited Right to Use. The NDI Websites are owned and operated by Northern Digital Inc.. As a user of the NDI Websites, you are granted a limited license to use (display, download, and/or print) the Information for your own personal non-commercial use only, provided the Information is not modified and provided you keep intact all copyright and other proprietary notices. Any other use of the information is prohibited without the prior written permission of Northern Digital Inc. or the respective owner. None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of Northern Digital Inc. as such unauthorized use may, among other things, violate copyright, trademark, and other similar laws.
- Communications. Except for any disclosure by you for technical support purposes, or as is otherwise specified in these Terms and Conditions, all communications from you to the NDI Websites will be considered non-confidential and non-proprietary. All such communications shall be deemed and remain the property of Northern Digital Inc. and we shall be entitled to full rights of ownership, including without limitation, an unrestricted right to use for any purpose, any ideas, concepts, know-how, or other techniques contained in such communications and to disclose such communications in any form, medium, or technology now known or later developed, for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use the NDI Websites to distribute, link to, or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party’s intellectual or privacy rights.
- In order for us to grant you access to the NDI Websites, Northern Digital Inc. requires certain information when you are registering for the NDI Websites or when you are signing into the NDI Websites thereafter (“User Information”). The User Information will be retained and used by Northern Digital Inc. to verify compliance with these Terms and Conditions, to keep track of the domains from which people visit us, to create a user profile to better serve you, and to simply contact you either electronically or otherwise. If you decide that we should not use the User Information to contact you, you must notify Northern Digital Inc. and we will then cease from contacting you using such information. By agreeing to these Terms and Conditions, you consent to the collection and use of the User Information by Northern Digital Inc.
- You have access to perform updates to your User Information retained by Northern Digital Inc. at https://support.ndigital.com.
- Access to the NDI Websites requires a username and password. You agree to maintain the confidentiality of the username and password.
- Northern Digital Inc. has put in place and shall maintain commercially reasonable physical, electronic and managerial policies and procedures to secure unauthorized use of your personal User Information. Northern Digital Inc. will not sell, trade, or transfer User Information to third parties. Northern Digital Inc. will, however, comply with any court order in disclosing the identity of any person posting communications on the NDI Websites.
- Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Northern Digital Inc. will not be responsible for any damages you or any third party may suffer as a result of the transmission of private or confidential information that you make to Northern Digital Inc. through the Internet, or that you expressly or implicitly authorize Northern Digital Inc. to make, or for any errors or any changes made to any transmitted information.
- Northern Digital Inc. uses “cookies”. A cookie is a small data file that a website can transfer to a visitor’s hard drive to keep records of the visits to such site. A cookie contains information such as your username and password that helps us recognize the pages you have visited and improve future visits, but the only personal information a cookie can contain is the information that you provide yourself. A cookie cannot read data off of your hard drive or read cookie files created by other sites. Information stored in cookies may be encrypted. If you prefer not to accept a cookie, you can set your web browser to warn you before accepting cookies or you can refuse all cookies by turning them off in your web browser. Refusing to accept a cookie may prohibit or significantly reduce your use of the NDI Websites.
- No Offer. No part of the NDI Websites should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the NDI Websites may only be available in certain areas or jurisdictions. Any products or services mentioned on the NDI Websites are made available in accordance with local law and only where they may be lawfully offered for sale.
- Links to Other Sites. The NDI Websites may contain links to other sites. A link to another site should not be construed to mean that Northern Digital Inc. is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The linked sites are not under the control of Northern Digital Inc. and Northern Digital Inc. is not responsible for the content of any linked site or any link contained in a linked site. Northern Digital Inc. reserves the right to terminate any link or linking program at any time. Northern Digital Inc. may provide links from the NDI Websites to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, or products to which it links and reserves the right to note as such. If you decide to access any of the third party sites linked to the NDI Websites, you do this entirely at your own risk. NORTHERN DIGITAL INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
- Viruses. Northern Digital Inc. makes commercially reasonable efforts to ensure that all information provided on the NDI Websites does not contain computer viruses. Notwithstanding this, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
- Unsubscribe. Northern Digital Inc. may, from time to time, send information to you regarding NDI’s products. You will have an opportunity to unsubscribe if, at some point in the future, you no longer wish to receive such information.
- Indemnity. You agree to indemnify, defend, and hold Northern Digital Inc., its affiliates, shareholders, directors, officers, employees, agents, and representatives harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of the Northern Digital Inc. public website and/or the Northern Digital Inc. support site.
- Limitation of Liability. IN NO EVENT SHALL NORTHERN DIGITAL INC., ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, PERSONAL INJURY, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE NORTHERN DIGITAL INC. PUBLIC WEBSITE AND/OR THE NORTHERN DIGITAL INC. SUPPORT SITE OR ANY NORTHERN DIGITAL INC. PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THE NORTHERN DIGITAL INC. PUBLIC WEBSITE AND/OR THE NORTHERN DIGITAL INC. SUPPORT SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF NORTHERN DIGITAL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Disclaimer. Northern Digital Inc. assumes no responsibility for accuracy, correctness, or content of the NDI Websites. You should not assume that the NDI Websites are continuously updated or otherwise contain current information or that the NDI Websites will operate without interruption. THE INFORMATION AND MATERIALS PROVIDED ON THE NDI WEBSITES ARE PROVIDED “AS IS, WHERE IS” AND ANY WARRANTY, REPRESENTATION, CONDITION, OR OTHER TERM OF ANY KIND (WHETHER EXPRESSED, IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE IS HEREBY EXCLUDED.
- Applicable Laws. The laws of the Province of Ontario and the laws of Canada as applicable therein shall govern as to the interpretation, validity, and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence, or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario or Canada as applicable for any action or proceeding instituted under or related to this agreement.
- If you have any questions regarding these Terms and Conditions, please contact Northern Digital Inc. at email@example.com.