Website Terms and Conditions

Northern Digital Inc. (“NDI”) 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 NDI 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 NDI’s public website (“ndigital.com”) and NDI’s support site (the “Support Site,” hereinafter jointly referred to as “NDI Websites”).

Last revised: October 24, 2023

1. Ownership of ContentThe NDI Websites and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by NDI 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 NDI or others. Your use of any Content, except as provided in these Terms and Conditions is strictly prohibited.
   
   
2. 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 the purposes of evaluating our products, receiving technical support, and engaging with us provided that you keep intact all copyright and other proprietary notices. Any other use of the information is prohibited without the prior written permission of NDI 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 NDI as such unauthorized use may, among other things, violate copyright, trademark, and other similar laws.
   
   
3. Communication. 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 NDI 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, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party’s intellectual or privacy rights.
   
   
4. In order for us to grant you access to the Support Site, NDI requires certain information when you are registering for the Support Site or when you are signing into the Support Site thereafter (“User Information”). The User Information will be retained and used by NDI and/or service providers in compliance with the terms of NDI’s Privacy Policy. By your use of the NDI Websites, you consent to the collection and use of the User Information by NDI subject to the limitations set out in NDI’s Privacy Policy.
   
   
5. Access to the Support Site requires the creation of an account a username and password. You are responsible for ensuring the security of your account, username, and password You may not share your account, username, or password with any other individual.
   
   
6. 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. NDI 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 NDI through the Internet, or that you expressly or implicitly authorize NDI to make, or for any errors or any changes made to any transmitted information.
   
   
7. NDI 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, record and store information about your interactions with our site to enhance your experience, to analyze site performance, and to assist our marketing and customer service providers. 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. 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. We may also share this information with our social media, advertising and analytics partners. By using this site, you consent to our use of these tracking technologies in accordance with our Privacy Policy and you accept our Terms of Use.
   
   
8. 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.
   
   
9. Links to Other Sites. The NDI Websites may contain links to third-party sites and services (collectively “Third-Party Services). We are not responsible for third parties or the Third-Party Services, or any content contained therein. A link to the Third-Party Services should not be construed to mean that NDI 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. If you decide to access any of the third-party sites linked to the NDI Websites, you do this entirely at your own risk. NDI 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.
   
   
10. Unsubscribe.  NDI 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.
    
    
11. Indemnity. You agree to indemnify, defend, and hold NDI, 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 NDI public website and/or the NDI support site.
    
    
12. Limitation of Liability. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE NDI WEBSITES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE NDI WEBSITES) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, NDI MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE; OR (2) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE NDI WEBSITES.
    
    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NDI’S NEGLIGENCE, SHALL NDI BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEBSITE, EVEN IF NDI OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NDI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
    
    
13. 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.
    
    
14. If you have any questions regarding these Terms and Conditions, please contact NDI at webmaster@ndigital.com.