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Terms

Introduction

The website www.nacsworld.com (the “Site”) is owned and operated by North America Construction (1993) Ltd., which is a geographically diverse group of distinct business entities operating in various jurisdictions in Canada. For ease of reference, the use of the terms “NAC”, “NAC Constructors”, “us” or “we” refer to North America Construction (1993) Ltd.

By accessing the Site (“this Site”) you (the user of the Site) agree to be bound by the following terms and conditions:

Terms & Conditions

(1) Amendments

We retain the right to amend these terms and conditions at any time, including the right to revoke any permissions, and it is your responsibility to check for such amendments. The continued use of the Site is deemed to be your acceptance of any amendments to these terms and conditions.

(2) User Conduct

You agree not to use this Site (including any of the features and tools on this Site):

(a) for any illegal (whether at common law or pursuant to any statute) or immoral purpose, including, but not limited to, posting or submitting any material that is intended to cause harm to any person (for example, material that is hateful, harassing, pornographic, racist, obscene, profane, defamatory or threatening).

(b) to harvest information about other users;

(c) to transmit, install, upload or otherwise transfer any virus or other item or process to this Site that in any way affects: (1) the use, enjoyment or service of this Site; or (2) any person’s computer or other medium used to access this Site;

(d) to engage in any action which is detrimental to the use and enjoyment of this Site;

(e) to post or upload any information to this Site, nor modify any information posted on this Site except in areas of this Site specifically designed for that purpose;

(f) to access, or attempt to access, the personal information of another user which is stored on this Site;

(g) to access, or attempt to access a restricted area of this Site without NAC’s permission;

(h) to access, acquire, copy or monitor any portion of this Site or any content of the Site, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content of the Site;

(i) to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site; or

(j) to probe, scan or test the vulnerability of this Site or any network connected to this Site, or breach the security or authentication measures on this Site or any network connected to this Site, or reverse look-up, trace or seek to trace any information on any other user to its source, or exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information submitted to, or contained on, this Site, which information is not intended for your use.

(3) Disclaimers & Limitation of Liability

(a) Your access to the Site is provided on an “as is”, “as available” and “when available” basis. NAC does not give any warranty, guarantee, representation or condition of any kind, either express or implied, that access to this Site or its content shall be uninterrupted or error-free, or available at all, nor does NAC provide any warranty, guarantee, representation or condition of any kind, either express or implied, as to the Site or the contents of the Site’s fitness or suitability for a particular purpose, accuracy, timeliness, reliability, truthfulness or completeness, title, or non-infringement of intellectual property rights.

(b) You agree that you will not rely on any information on this Site when making business, financial, personal or any other decisions. NAC does not endorse the opinions of any third party expressed on this Site.

(c) Without limiting the foregoing, you agree that in no event will NAC, its affiliates, directors, officers, employees, contractors, consultants or agents be liable for any of the following losses that may arise from your use of the Site:

  • Indirect, consequential, incidental, special, compensatory, aggravated, exemplary or punitive damages
  • Damages for economic loss, loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property, or failure to realize expected revenues, profits, gains, savings or other results of any kind
  • Claims of third parties, howsoever arising
  • Any other pecuniary loss arising out of or related to these terms of use, this Site, its contents or any third-party website

(d) The foregoing disclaimers and limitations described in this section 3 apply regardless of the causes, circumstances or form of action giving rise to any loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract, tort, strict liability or any other legal or equitable theory whatsoever, and further shall apply even if NAC is advised of the possibility of the loss, damage, claim or liability or such loss, damage, claim or liability is foreseeable.

(4) Intellectual Property Rights

NAC either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips and other content that is made available to you on this Site (“Intellectual Property”), or has obtained the permission of the owner of the Intellectual Property to use the content on this Site. Any unauthorized use of the Intellectual Property by you is strictly prohibited.

(5) Limited License

NAC grants to you a royalty-free, limited, non-assignable, revocable license to display on your computer the Site’s Intellectual Property for non-commercial personal use only, provided that:

  • You do not modify any such content
  • You include with and display on each copy of such content the associated copyright notice and this limited license

No other use is permitted. Without limiting the generality of the foregoing, you may not:

  • Make any commercial use of such content
  • Include such content in or with any product that you create or distribute
  • Copy or link to such content to your or any other website, including social media websites

(6) Links to Third-Party Sites

This Site may contain links to third-party websites over which NAC has no control. Should you access these websites through the Site, you agree that NAC cannot be responsible for the contents of these websites or any damage arising from your use of these websites.

(7) Job Applications

If you apply for a position with NAC using the “Current Opportunities” section of this Site, NAC will make all reasonable efforts to receive, process and consider your application. However, NAC will not be liable for any missed opportunity or other damage arising from an online job application or from NAC’s failure to correctly receive, process and consider an application, and the disclaimers of liability set out in these terms and conditions will be binding on you.

(8) Ontario Law Applies

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern use of the Site and 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 exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this website and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.