- ACCEPTANCE OF TERMS
a. The northernstargen.com web site ("northernstargen.com") is owned and operated by Northern Star Generation Services Company LLC.
b. Your use of northernstargen.com is subject to these northernstargen.com Terms of Service ("TOS"). Northernstargen.com is provided solely for information purposes and, with the exception of these Terms of Services and the Privacy Policy, is not intended to, and shall not, constitute any offer or acceptance with respect to any transactions or other matters. Northern Star Generation may modify or change the TOS at any time by conspicuously posting notice of such change on northernstargen.com for a period of not less than five (5) business days. Your continued use of northernstargen.com after the effective date of such notice will constitute acknowledgment and acceptance of the revised TOS.
c. Throughout the TOS, "you" and "your" refer to any visitors to northernstargen.com.
d. In addition, when using particular services, your transactions shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the
TOS.
- PRIVACY POLICY
Certain information about you is subject to our Privacy
Policy. For more information, please see our full Privacy
Policy under the Legal section of
northernstargen.com.
- SECURITY
a. You acknowledge that certain information on northernstargen.com is confidential and proprietary and you agree that you will implement and enforce reasonable measures to protect the confidentiality of northernstargen.com and such information and the protection of your passwords and/or user name granted to you by northernstargen.com.
b. You agree that you will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
c. Northern Star Generation may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on northernstargen.com, but is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on northernstargen.com. You expressly consent to any monitoring, recording, storing or review activity that Northern Star Generation may undertake.
d. You are prohibited from posting or transmitting any unlawful, harassing, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. You are prohibited from posting or transmitting any material or information that infringes on another’s (i) copyright, trademark, patent, trade secrets, or other intellectual or other proprietary rights; or (ii) rights of publicity or privacy.
e. You are prohibited from using northernstargen.com to gain unauthorized access, directly or indirectly, to Northern Star Generation’s computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of northernstargen.com.
f. Northern Star Generation reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this TOS, including but not limited to removal of any material or information that violates this TOS, termination of your access to northernstargen.com, filing of criminal charges against you or the instigation of a civil action against you.
g. To the extent required to do so by law, Northern Star Generation will fully cooperate with any law enforcement authorities or court order requesting or directing Northern Star Generation to disclose information regarding postings or transmissions through northernstargen.com, including the identities of the sender or recipient of such information. In utilizing northernstargen.com, you agree to use northernstargen.com in a manner consistent with all applicable laws and regulations and in accordance with this
TOS.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT POSTED TO NORTHERNSTARGEN.COM
With respect to all other content you elect to post to other publicly accessible areas of northernstargen.com, you grant Northern Star Generation the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
- INDEMNITY
You agree to indemnify and release Northern Star Generation and its affiliates from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Information or the Site, including, without limitation, any claims that if the allegations were true would constitute a breach of this
TOS.
- TERMINATION
You agree that Northern Star Generation, in its sole discretion, may terminate your access to or use of northernstargen.com, and remove and discard any content within northernstargen.com, for any reason, including, without limitation, for lack of use or if Northern Star Generation believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Northern Star Generation may also, in its sole discretion, and at any time discontinue providing northernstargen.com, or any part thereof, with or without notice. You agree that any termination of your access to northernstargen.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Northern Star Generation may immediately deactivate or delete all related information and files in your account and/or bar any further access to such files or northernstargen.com. Further, you agree that Northern Star Generation shall not be liable to you or any third-party for any termination of your access to
northernstargen.com.
- LINKS TO THIRD PARTY SITES
Northernstargen.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Such web sites are publicly available and Northern Star Generation is providing access to such web sites through northernstargen.com solely as a convenience to you. Because Northern Star Generation has no control over such sites and resources, you acknowledge and agree that Northern Star Generation is not responsible for the availability of such external sites or resources. The fact that access to such web sites is provided does not constitute any endorsement, authorization or sponsorship of such web sites or their sponsors by Northern Star Generation. Northern Star Generation does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Northern Star Generation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that Northern Star Generation does not grant to you any rights in respect of such web sites.
- NORTHERN STAR GENERATION’S PROPRIETARY RIGHTS
a. You acknowledge and agree that northernstargen.com and any necessary software used in connection with northernstargen.com ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through northernstargen.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Northern Star Generation, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on northernstargen.com, in whole or in part.
b. You are entitled to view, copy and print any documents from northernstargen.com but only for your own internal business purposes. Any sale, transmission or redistribution of northernstargen.com or its content, and any copying, modification or other use of northernstargen.com or its content for any purposes other than your own internal business purposes, are strictly prohibited.
- DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF NORTHERNSTARGEN.COM IS AT YOUR SOLE RISK. NORTHERNSTARGEN.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORTHERN STAR GENERATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
b. NORTHERN STAR GENERATION MAKES NO WARRANTY THAT (i) NORTHERNSTARGEN.COM WILL MEET YOUR REQUIREMENTS, (ii) NORTHERNSTARGEN.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NORTHERNSTARGEN.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH NORTHERNSTARGEN.COM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NORTHERNSTARGEN.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORTHERN STAR GENERATION OR THROUGH OR FROM NORTHERNSTARGEN.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
- LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NORTHERN STAR GENERATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NORTHERN STAR GENERATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE NORTHERNSTARGEN.COM; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON NORTHERNSTARGEN.COM; OR (iv) ANY OTHER MATTER RELATING TO NORTHERNSTARGEN.COM.
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
- NOTICE
Notices to you may be made via either e-mail or regular mail. northernstargen.com may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on
northernstargen.com.
- GENERAL INFORMATION
a. The failure of Northern Star Generation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this TOS, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this TOS will continue in full force and effect.
b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of northernstargen.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. This TOS shall be construed in accordance with the laws of the State of Texas, without giving regard to the choice of law provisions of the state. In the event that any provision of this TOS or any part hereof is found invalid or unenforceable, the remainder of this TOS will be binding on the parties hereto and will be construed as if the invalid or unenforceable provision or part thereof had been deleted.
Northern Star Generation strives to provide accurate and up-to-date material on this site. However, Northern Star Generation makes no warranties or representations as to the accuracy or timeliness of the material provided on this site. Northern Star Generation may make changes to the material on this site without notice. Northern Star Generation assumes no liability or responsibility for any errors or omissions on this site.
- VIOLATIONS
Please report any violations of the TOS to northernstargen.com to webmaster@northernstargen.com.
|
