Last modified: April 2016
These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Nicholas Alan Associates Inc. ("NicholasAlanAssociates.ca", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between NicholasAlanAssociates.ca and the individual or entity who subscribes to our service ("Subscriber" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. NicholasAlanAssociates.ca may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that NicholasAlanAssociates.ca believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
NicholasAlanAssociates.ca may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://NicholasAlanAssociates.ca/terms-and-conditions . You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services NicholasAlanAssociates.ca offers consultation services for the digitization of images. We offer the ability to print images in hard copy format up to 24" wide.
Services are provided on the basis of facility and equipment availability. NicholasAlanAssociates.ca reserves the right to modify, change, or discontinue any aspect of the Services at any time.
3. Notices You agree that, unless other instructions are posted on NicholasAlanAssociates.ca's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for NicholasAlanAssociates.ca posted on the NicholasAlanAssociates.ca website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by NicholasAlanAssociates.ca. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by NicholasAlanAssociates.ca's designated customer review software provider for customer experience and service feedback.
5. Reservation of Rights NicholasAlanAssociates.ca reserves the right and sole discretion to:
Censor any website content on its servers. Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels. Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information. Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against NicholasAlanAssociates.ca or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Terminate any account or IP address for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that NicholasAlanAssociates.ca determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
6. Limitation of Liability The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. NicholasAlanAssociates.ca makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. NicholasAlanAssociates.ca is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by NicholasAlanAssociates.ca.
In no event will NicholasAlanAssociates.ca be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
NicholasAlanAssociates.ca, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall NicholasAlanAssociates.ca be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
7. Indemnification You agree to indemnify and hold NicholasAlanAssociates.ca, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse NicholasAlanAssociates.ca with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
8. Force Majeure NicholasAlanAssociates.ca will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
9. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
10. Governing Law The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of Ontario and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Ontario, Canada for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
11. Age of Majority NicholasAlanAssociates.ca does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
12. Waiver No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
13. Entire Agreement This Agreement, as may be updated from time to time and posted at http://www.NicholasAlanAssociates.ca/terms-and-conditions represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.