TERMS AND CONDITIONS OF USE OF SITE
TERMS AND CONDITIONS OF USE OF SITE
Please read these Terms and Conditions carefully before using this Site.
This web site (this “Site”) is provided by 507617 LTD. (the “Arctic Duchess Adventures”),
conditional on your acceptance of the terms and conditions of use set forth below (the “Terms
and Conditions”). By accessing, using, and/or downloading messages, information, data, text,
software or images, or other materials from this Site (the “Materials”), and by sending
messages, information, data, text, software or images, or other materials to the Site
(“Content”), you agree on your own behalf and on behalf of any entity on whose behalf you
may act to accept and abide by these Terms and Conditions for each use and each visit of this
Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or
download or use Materials from it. These Terms and Conditions apply exclusively to your access
to and use of this Site and do not alter the terms or conditions of any other agreement you may
have with Arctic Duchess Adventures. In case of inconsistency between these Terms and
Conditions and any other agreement you may have with Arctic Duchess Adventures, the other
agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions. Arctic Duchess Adventures has the right, in its sole
discretion, to add to, remove, modify or otherwise change any part of these Terms and
Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be
effective when notice of such change is posted at this Site. Please check these Terms and
Conditions frequently for updates by checking the date of “Last Update” at the top of this
document. If any change is not acceptable to you, you must discontinue your use of this Site
immediately. Your continued use of this Site or downloading or use of Materials from it after
any such changes are posted will constitute acceptance of those changes.
2. Changes to this Site. Arctic Duchess Adventures may terminate, change, suspend or
discontinue any aspect of this Site, including (i) changing the availability of any features, at any
time without notice or liability; (ii) changing any fees or charges for use of the Site, including
instituting new or increased fees or charges for the use of the Site or any other Site-related
services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise
changing any Materials on or from this Site; or (iv) imposing limits on certain features and
Services or restricting your access to parts or all of this Site without notice or liability for any
reason whatsoever. Arctic Duchess Adventures reserves the right but not the duty, in its sole
discretion, to correct any errors or omissions in any portion of this Site at any time without
notice.
3. Permitted and Prohibited Uses. The Site may be used only for lawful purposes by individuals
seeking travel and related information. You agree to use the Site only to send Content and
receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, Arctic Duchess Adventures grants you a non-exclusive,
non-transferable, limited right to access, use and view this Site and the Materials thereon,
solely for your own personal or internal company use, provided, however, that you may not,
nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials
downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell,
reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any public or commercial purpose,
including without limitation use of the Materials on any other web site; (iii) transfer the
Materials to any other person without the written consent of Arctic Duchess Adventures; (iv)
print or copy any of the HTML or other computer programs that are accessible at this Site; (v)
use this Site in any manner that could damage, disable, overburden or impair this Site; (vi)
interfere with the security of, or otherwise abuse, this Site or any services, system resources,
accounts, servers or networks connected to or accessible through this Site or affiliated or linked
sites; (vii) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated
or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would
negatively affect the functioning of the Site, including without limitation computer viruses,
Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or
that imposes an unreasonable or disproportionately large load on this Site’s infrastructure; (ix)
use any robot, spider or other automatic program or device, or manual process to monitor,
copy, summarize, or otherwise extract information from this Site or the Materials in whole or in
part; (x) use or attempt to use another’s account, password, service, system or other
information without prior written authorization from Arctic Duchess Adventures; (xi) create or
use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or
portions of this Site that are restricted from general access; (xiii) transmit on, to or from this
Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or
otherwise collect information about others, except for the sole stated purposes provided by
this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address
that you do not own or for which you do not have the express permission of the owner to
register.
If the Site provides you with the capability to post certain Content to the Site, you may only do
so for the lawful, stated purposes of this Site. You agree, that in posting Content, you will not,
nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate
information; (ii) post any franchise, pyramid scheme, “club membership”, distributorship or
sales representative Arctic Duchess Adventures arrangement or other business opportunity
which requires an up front or periodic payment, requires recruitment of other members, sub-
distributors or sub-agents; (iii) delete or revise any material posted by any other person or
entity; (iv) post or transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or
violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or
property right or that could constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law; (v) impersonate any person or entity.
In addition, you agree that you are solely responsible for actions and communications
undertaken or transmitted in the course of your usage of this Site, and that you will comply
with all laws that apply or may apply to your use of or activities on this Site or in respect of the
Content and Materials. Arctic Duchess Adventures will investigate occurrences which may
involve such violations and may involve, and to the extent permitted by law, co-operate with,
law enforcement authorities in prosecuting users who are involved in such violations.
Arctic Duchess Adventures reserves the right at all times to disclose any Content provided by
you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to
post or remove any Content, in whole or in part, that in Arctic Duchess Adventures sole
discretion is objectionable or in violation of these Terms and Conditions.
4. Registration and Password. Where the Site provides you with the capability to do log in, you
are responsible for maintaining the confidentiality of your registration information and
password. You shall be responsible for all uses of your registration, whether or not authorized
by you. You agree to immediately notify Arctic Duchess Adventures of any unauthorized use of
your registration or password.
5. Proprietary Rights Limited License and Copyright. This Site, including all Materials, is
protected by Canadian and worldwide copyright laws and treaty provisions. You agree to
comply with all copyright laws worldwide in your use of this Site and to prevent any
unauthorized copying of the Materials. Except as expressly provided herein, Arctic Duchess
Adventures does not grant any express or implied right or license to you under any intellectual
property right, including under any patent, trademark, copyright, trade secret, or confidential
information, of Arctic Duchess Adventures.
Trademarks. The Services names, company names and logos used on this Site may be
trademarks, including registered trademarks of Arctic Duchess Adventures. Such Services
names, company names and logos of Arctic Duchess Adventures may not be copied, imitated or
used, in whole or in part, without the prior written consent of Arctic Duchess Adventures. Other
services and company names mentioned on this Site may be the trademarks of their respective
owners.
Reservation of Rights. Arctic Duchess Adventures’ Services, methods and processes may be
covered by one or more patents or other statutory intellectual property rights, and are subject
to trade secret and other proprietary rights. Arctic Duchess Adventures reserves all such rights.
Software. Any software, including calculator software, as well any files, images generated by
such software, code and data accompanying such software (the “Software”), used or accessible
through this Site is the copyrighted work of Arctic Duchess Adventures or its licensors. Unless
provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the
purposes expressly stated on this Site. Except as permitted by law, you may not use the
Software for any other purpose or attempt to decipher, decompile, disassemble or reverse
engineer any of the Software comprising or in any way making up a part of the Site.
6. Links and Third Party Content. Certain links on this Site may take you to other web sites.
Arctic Duchess Adventures provides these links only as a convenience. These linked sites are not
necessarily under the control of Arctic Duchess Adventures. If you use these sites, you will leave
this Site. If you decide to visit any linked site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses and other destructive
elements.
Arctic Duchess Adventures is not responsible for the contents of any such linked page or any
other page not under its control. Arctic Duchess Adventures makes no representation or
warranty regarding, and does not endorse, any linked web sites, the information appearing
thereon or any of the products or services described. Links do not imply that Arctic Duchess
Adventures sponsors, endorses, is affiliated or associated with, or is legally authorized to use
any trademark, trade name, logo or copyright symbol displayed in or accessible through the
links, or that any linked site is authorized to use any trademark, trade name, logo or copyright
symbol of Arctic Duchess Adventures.
7. Linking Agreement. Arctic Duchess Adventures welcomes links to its Internet web home
page. If you want to link to this Site, you may do so, provided you agree to the link conditions
(the “Link Conditions”) described below. By establishing a link to this Site, you will be deemed
to have agreed to these Link Conditions:
(a) If you link to this Site, Arctic Duchess Adventures grants you a limited, non-exclusive, non-
transferable, royalty-free license to use the Arctic Duchess Adventures trademark and Internet
icons, if available, (the “Licensed Marks”) solely for the purpose of serving as a link from your
web site to this Site. Except for the limited license to use the Licensed Marks granted in this
paragraph, you may not use any of Arctic Duchess Adventures’ trademarks or service marks
(the “Marks”) for any reason without Arctic Duchess Adventures prior written permission.
(b) You acknowledge that all rights to the Marks, the content appearing on the Arctic Duchess
Adventures Website pages (the “Web Pages”) and the “look and feel” of the Web Pages belong
to Arctic Duchess Adventures or third parties. You will not at any time directly or indirectly
contest or infringe these rights.
(c) If you link to this Site, your web site:
· may not create frames around any part of this Site or use other techniques that alter the
visual presentation of this Site;
· may not imply that Arctic Duchess Adventures is endorsing you or your products or
services.
· may not imply an affiliation between your company and Arctic Duchess Adventures
without the prior written consent of Arctic Duchess Adventures;
· may not misrepresent your relationship with Arctic Duchess Adventures or present false
or misleading impressions about Arctic Duchess Adventures’ Services; and
· may not contain materials that may be interpreted as distasteful or offensive and should
be appropriate for all age groups;
(d) Arctic Duchess Adventures shall have no responsibility or liability for any content appearing
on your web site;
(e) Arctic Duchess Adventures may at any time, in its sole discretion, immediately terminate
your license to use the Licensed Marks and your right to link to this Site, with or without cause.
If Arctic Duchess Adventures exercises this right, you will immediately remove all links to this
Site and cease using the Licensed Marks;
Arctic Duchess Adventures may amend these Link Conditions at any time. You agree to abide
by these Link Conditions and other legal terms and conditions on this Site, as amended from
time to time.
8. Agreement to Privacy Policy. You agree to abide by Arctic Duchess Adventure's Privacy Policy,
which is incorporated by reference into these Terms and Conditions.
9. Disclaimers. You acknowledge that any use of or reliance on this Site or any Materials shall be
at your sole risk. Arctic Duchess Adventures makes no representation or warranty of any kind
regarding the Site and/or the Materials, including with respect to the information provided by
third party legal and other consultants, all of which are provided on an “AS IS” basis. ARCTIC
DUCHESS ADVENTURES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. ARCTIC DUCHESS ADVENTURES DOES NOT
WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS
OR THAT IT WILL BE ERROR-FREE.
Not limiting the generality of the foregoing, the information provided on this Site is for general
informational purposes only. Information provided on the Site with a byline, identification of
publication source, or any other sort of third-party identifier, is provided by third parties on an
“As Is” basis, and Arctic Duchess Adventures does not review it. Arctic Duchess Adventures and
its third-party consultants do not warrant or guarantee the truth, accuracy or completeness of
this information. No lawyer-client, advisory, fiduciary or other relationship is created by
accessing or otherwise using this Site.
Because user authentication on the Internet is difficult, Arctic Duchess Adventures cannot and
does not confirm that each user is who they claim to be. Because we do not and cannot be
involved in user-to-user dealings or control the behaviour of participants on this Site, in the
event that you have a dispute with one or more users, you release Arctic Duchess Adventures
(and our agents and employees) from all claims, demands and damages of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
Arctic Duchess Adventures is under no legal obligation to, and generally does not, control the
Content provided by other users which is made available through the Site. By its very nature,
other people’s information may be offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labelled. Arctic Duchess Adventures does not guarantee and makes
no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity
or completeness of the Materials or about the results to be obtained using the Materials. The
use of the Site and the Material is at your own risk. Changes are periodically made to the Site
and may be made at any time.
This Site contains materials, data, information provided, posted or offered by third parties,
including third party provided content, advertisements and user content. You agree that Arctic
Duchess Adventures shall have no liability whatsoever for any such third-party material, data or
information. Without limiting the generality of the foregoing, you acknowledge that:
10. Limitation of Liability. YOU AGREE THAT ARCTIC DUCHESS ADVENTURES AND ANY THIRD
PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF
PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE
USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY
CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF ARCTIC DUCHESS
ADVENTURES, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS. In any event, you agree that Arctic Duchess Adventure's aggregate liability
for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the
form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability,
negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of
the essential purpose of contract or the failure of an exclusive remedy.
11. Indemnity. You agree to defend, indemnify and hold harmless each of Arctic Duchess
Adventures, its affiliates, and each of their officers, directors, employees and agents, including
all third parties mentioned at the Site, from and against any and all claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or resulting from
your use of the Site and the Materials or your breach of these Terms and Conditions.
12. Choice of Law. This Site is controlled, operated and administered by Arctic Duchess
Adventures from its offices within Canada. Arctic Duchess Adventures makes no representation
or warranty that materials at this Site are appropriate or available for use at any locations
outside Canada. If you access this Site from outside Canada, you are responsible for compliance
with all local law. You may not export any of the Materials accessible through this Site in
violation of applicable export laws and regulations. These Terms and Conditions shall be
interpreted, construed and governed by the laws in force in the Northwest Territories, without
reference to its conflict of laws principles, except where prohibited by mandatory provisions of
the laws applicable in your jurisdiction. Except in respect of any matter relating to the
enforcement of intellectual property rights and protection of confidential information, the
parties agree that any dispute arising out of or related to these Terms and Conditions shall be
commenced and settled by arbitration in Yellowknife pursuant to Section 13 below. Each party
hereby agrees to submit to the jurisdiction of the courts of the Northwest Territories and to
waive any objections based upon venue in any such action, suit or proceeding. The United
Nations Convention on Contracts for the International Sale of Goods does not apply to these
Terms and Conditions.
13. Arbitration. Any and all disputes arising out of these Terms and Conditions, its performance,
breach, enforcement, existence or validity, including any failure of the parties to reach
agreement with respect to matters provided for in these Terms and Conditions and all matters
of dispute relating to the rights and obligations of the parties, which cannot be amicably
resolved, even if only one of the parties declares that there is a difference, will be referred to
and finally settled by private and confidential binding arbitration before a single arbitrator held
in the location specified in Section 12 above in English, and governed by arbitration legislation
in force from time to time in the Northwest Territories. The arbitrator shall be a person who is
legally trained and who has experience in the information technology field in Canada and is
independent of either party.
Notwithstanding the foregoing, each party may pursue the protection of intellectual property
rights and confidential information through injunctive or other equitable relief through the
courts.
14. General(i) Except as expressly provided in additional terms of use for areas of the Site, a
particular legal notice, or an additional Agreement, these Terms and Conditions constitute the
entire agreement between Arctic Duchess Adventures and you with respect to the subject
matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or
which is the subject of these Terms and Conditions must be commenced within two (2) years
after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction
finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect the intent of
these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in
full force and effect; (iv) The relationship of the parties is solely that of independent contractors
and neither party shall have any authority to act for or bind the other party; (v) The waiver of
any breach or default hereunder shall not constitute the waiver of any other or subsequent
breach or default; (vi) No changes to these Terms and Conditions shall be made except by a
revised posting on this page.
15. Additional Terms of Use. Certain areas of this Site may be subject to additional terms of use.
By using such areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.