Welcome to www.TEML.com, (http://www.TEML.ca) the official website (the “Website”) of Tundra Energy Marketing Limited (“TEML”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree with the provisions of this Agreement, please do not use this Website. TEML may amend this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any amendment that TEML makes to this Agreement will be effective immediately upon posting. You are deemed to have agreed to any amendment by virtue of your continued use of the Website. If you object to any such amendment, your recourse is to cease using the Website.
1. Ownership. The Website and all of its content is the property of TEML or third parties and is protected under applicable copyright and trade-mark law. The names and logos identifying the Website and TEML, its affiliates and their products and services are either trade-marks of one or more of TEML or its affiliates or trade-marks which TEML or its affiliates are licensed or otherwise authorized to use. Except as expressly provided herein, nothing shall confer on you any licence of or right to use any such mark or of any other intellectual property right of TEML, its affiliates or any third party.
2. Limited Licence and Restrictions. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that the material and content contained on the Website is made available to you for your lawful and personal use and that you may only download such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited and is a violation of TEML’s or its affiliates’ intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without TEML’s or its affiliates’ written permission
3. Termination. TEML shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
4. Your Conduct. You warrant and undertake that in your use of the Website you shall:
- a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
- b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
- c) not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights; and
- d) use current virus monitoring software when using the Website.
5. Inaccuracies. TEML endeavours to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products and/or information on services. TEML presents all content on the Website “as is” and TEML does not make any claims as to its accuracy, either expressed or implied. TEML reserves the right to amend errors or to update product and service information at any time without prior notice. TEML does not warrant that the content of the Website, including, without limitation, product and service descriptions, is accurate or complete.
6. DISCLAIMER. THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR ITS CONTENTS. TEML AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
7. EXCLUSION OF LIABILITY. NONE OF TEML NOR ANY OF THEIR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ITS USE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUES, BUSINESS OPPORTUNITY, SAVINGS, INCOME, PROFITS, USE, WAGES, MATERIAL, CAPITAL, PRODUCTION, REPUTATION OR GOODWILL OR PAYMENT SETTLEMENT LIABILITY, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY TEML OR ANY PERSON FOR WHOM TEML IS RESPONSIBLE EVEN IF TEML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TEML FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT SHALL BE $100.
9. Linking, Framing and Data Mining. TEML makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of TEML are strictly prohibited. When you access any other website you understand that it is independent from TEML and that TEML has no control over the content or availability of that website. In addition, a link to any other website does not mean that TEML endorses or accepts any responsibility for the content, or the use of, such website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
10. Submissions. While TEML welcomes your comments and feedback regarding the Website and TEML’s products and services, TEML does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to TEML shall become and remain the property of TEML. To the extent that ownership of such submissions does not vest with TEML, you grant TEML a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.
11. Indemnification. You agree to indemnify, defend, and hold harmless TEML, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to TEML violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
12. Canada. Unless otherwise specified, the materials on this Website are displayed solely for the purposes of promoting TEML products and services available in Canada and TEML makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
14. Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
15. Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on TEML unless consented to in writing by TEML. No waiver of any provision of this Agreement by TEML shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided. TEML shall be entitled to amend this Agreement in accordance with the first paragraph of this Agreement.
16. Force Majeure. TEML shall not be liable for any breach of this Agreement by it, or any impediment to your use of the Website, to the extent that such breach or impediment arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of TEML.
17. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
19. Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.