When you access and use the NHPCA Website or send us an e-mail, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email or by posting a notice on the NHPCA Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
As a NHPCA Website user you may view, copy, print, use and distribute (collectively, "use") documents generated by the NHPCA Website provided that you comply with the provisions of this Agreement and provided that these documents are used solely in connection with your relationship with NHPCA.
The documents generated by the NHPCA Website (including the NHPCA Sales Agreement) are protected under the copyright laws of Canada and/or other countries. You agree to ensure that any copyright, trademark, trade names, logos and service marks ("Marks") along with any other proprietary rights, notices and disclaimers appearing on these documents are reproduced and retained on all copies in the same form and manner as on the original. You are not permitted to use the Marks in any manner whatsoever without the prior written consent of NHPCA.
RESTRICTIONS AND PROHIBITED USES
You agree that you will not use the NHPCA Website for any improper, fraudulent, illegal or malicious purpose, including, without limitation, to impair use of the NHPCA Website by others.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the NHPCA Website. You also agree not to use the NHPCA Website to create, develop or otherwise generate any derivative works or any functionally compatible or competing software or hardware.
You may not upload or post any material on the NHPCA Website that is protected by copyright, trademark or other intellectual property rights unless you are the owner of those rights, or have the prior written consent of the owner(s) of those rights to use such material. You may not post any material that is derogatory, critical or defamatory of any other party. NHPCA may, without prior notice to you and in its sole discretion, remove any material from its website that violates these terms, or any material that NHPCA otherwise considers inappropriate for display on its website. If after notice of posting inappropriate or non-permitted material, you repeat such actions, NHPCA may terminate your access to the website without notice to you. In the event of such action, you are not entitled to a refund for any fee, or any other form of compensation.
All content including, without limitation all Marks, text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of the NHPCA Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to NHPCA. All such rights are expressly reserved.
Any Marks on the NHPCA Website may be trademarks or trade names or registered trademarks or trade names of NHPCA or its affiliates, in Canada and other countries. NHPCA's Marks shall not be used in connection with any product or service that is not NHPCA's or its affiliates' in any manner. All other trademarks and trade names not owned by NHPCA or its affiliates that appear on the NHPCA Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NHPCA or its affiliates.
The NHPCA Website may contain links to third party websites. These links have been provided solely as a convenience for and do not constitute an endorsement by NHPCA of the content of such third party sites. Links to the NHPCA Website may also be provided from sites either known or unknown to NHPCA. Access to any other web site linked to or from the NHPCA Website is at your own risk. NHPCA has not reviewed and is not responsible for the content of any third party sites linked to or from the NHPCA Website and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THE NHPCA WEBSITE IS PROVIDED BY NHPCA ON AN "AS IS" AND "AS AVAILABLE" BASIS. NHPCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NHPCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NHPCA DOES NOT WARRANT THAT THE NHPCA WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE NHPCA OR THE NHPCA WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NHPCA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NHPCA WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any notice required to be given to NHPCA under this Agreement shall be given at the address below or at such other existing municipal address as NHPCA may provide to you in writing or by sending such notice by means of facsimile or e-mail:
Natural Health Practitioners of Canada Association
Address: 600-10339 124 Street, Edmonton, AB T5N 3W1
Attention: Communications Manager
Fax No.: 1-780-484-3605
Any such notice shall be deemed to have been received by NHPCA immediately upon delivery at its address set out above, five business days after mailing such notice or on the business day following the day of sending a facsimile or e-mail message. Receipt of any facsimile messages shall be confirmed by telephone by the forwarding party.
GOVERNING LAW & JURISDICTION
By accessing and using the NHPCA Website, you agree that the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and NHPCA or its affiliates. The parties have required that this Agreement and all documents relating thereto be drawn up in English.