Petro Ninja

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Access and use of this website (the "Website") and its related services (the "Services"), in are provided by Petro Niche Technology Ltd. ("Petro Ninja", "we" and "us") to you on condition that you accept these Terms of Use, and by accessing or using this Website or the Services, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you may not access or use this Website or the Services.

These Terms of Use govern the relationship between you, the Website visitor and/or member (“you”), and Petro Ninja with respect to your use of this Website and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

We may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your access and use of the Website after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. If you do not agree with any revision, you must stop using and accessing the Website.

1. JURISDICTION

You understand that: (i) aspects of this Website and the Services may not be available in all jurisdictions; and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services in your jurisdiction.

If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.

Your Account (as defined below) may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services (including the purchase of Products) is not allowed in your jurisdiction of residence.

2. PRIVACY

Petro Ninja is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed an External Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services. Please see our External Privacy Policy for further details.

You acknowledge and agree that access to and use of this Website and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

3. ACCOUNTS

In order to access and use certain Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”). During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us:

All of the information you provide to us or that we collect from you in connection with your use of the Website or the Services will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services and, in our sole discretion, to report you to the appropriate authorities.

We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

You must not choose a username that infringes the rights of any third party, impersonates any Petro Ninja employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You cannot transfer your Account to any other person, or permit anyone to use same.

You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

4. PETRO NINJA SOLUTION

The Services include the limited use the Petro Ninja's proprietary data and mapping web application (the "Petro Ninja Solution"). Subject to the terms and conditions of this Agreement, Petro Ninja hereby grants you a non-exclusive, revocable, non-assignable, personal license to use the portions of the Petro Ninja Solution that are made available to you on the Website for your internal business operations. Unless you enter into a separate "software as a service" agreement, we will allow you to upload up to a maximum of ten (10) of your photographs and/or forms onto the Petro Ninja Solution (the "User Content") for the limited purposes of: (i) viewing such information through the Petro Ninja Solution; and (ii) potentially sharing such information with specified users of the Petro Ninja Solution.

As between the parties, Petro Ninja shall exclusively own all right, title and interest in and to the Website and the Services (including, without limitation, the Petro Ninja Solution) and all copies, portions, improvements, and derivative works thereof (by whomever produced) and all copyright rights, patent rights, trademark rights, trade secret rights and all other intellectual property and proprietary rights therein anywhere in the world related thereto.

The Petro Ninja Solution relies upon data obtained from third party sources ("Third Party Data"), including government agencies. You hereby notified that certain element of the Third Party Data may be obtained directly from such government agencies (e.g. Alberta Energy Regulator). Without limiting the generality of the disclaimer at Section 13, Petro Ninja makes no representations or warranties that the Third Party Data is accurate, current, complete, or will be updated by the on a periodic basis. Accordingly, under no circumstances should you rely on the Petro Ninja Solution in making any commercial, financial or other decisions.

Contains information licensed under the Open Government License – British Columbia.

5. RESTRICTIONS

You shall not: (i) upload to, or transmit from, the Website any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or content; (ii) reverse engineer, decompile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Website or the Services, or third party use of the Website, or any third party data contained therein; (iii) access the source code of the Website or do anything that will reveal or generate same; (iv) access or use the Website or the Services in order to build a competitive product or service or copy any ideas, features, or functions of the Website or the Services; (v) attempt to gain unauthorized access to the Website or its related systems or networks or any third party systems or networks; (vii) create derivatives or modify the Website or the Services; (vii) sublicense, lend or lease the Website or the Services, or otherwise make the Website or the Services available, to any third party; (viii) permit the Website or the Services to be subject to any timesharing, service bureau, subscription service or rental activities; (ix) grant or purport to grant any third party any license or other right, title, security or other interest, lien or option in or to the Website or the Services; (x) use the Website or the Services for any unlawful or illegal activity; or (xi) authorize, permit, or encourage any third party to do any of the foregoing.

6. CODE OF CONDUCT

As above, you may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Petro Ninja's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.

We may, without notice, temporarily suspend your access to the Website and/or the Services by deactivating any passwords and/or Internet links to the Services if we reasonably suspect that you or any other party are obtaining unauthorized access to the Website, the Services, or any of our other systems, networks, documentation or information, or are using otherwise valid passwords (for the Services) in any other unauthorized manner. These suspensions will be for such periods of time as we, at our sole discretion, may reasonably determine is necessary to permit the thorough investigation of such suspended activity. Notwithstanding any other provision in this Agreement, we may terminate this Agreement, or any portion of the permissions granted herein, immediately, without notice, if it is determined that you have: (i) undertaken any unauthorized activity as described in Section 5 or 6; or (ii) failed to comply with any applicable laws.

While using this Website or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.

You agree that you will not upload or transmit any User Content that:

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7. BACK-UP

You will be exclusively responsible for securing and backing-up the User Content or any other content that you upload onto the Website. You agree that Petro Ninja shall not be responsible or liable for the deletion, loss, or failure to store any such data and other communications maintained or transmitted through use of the Services.

8. AVAILABILITY

While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.

9. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.

10. CURRENCY OF WEBSITE

You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Petro Ninja shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Your continued use of this Website or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.

11. LINKED WEBSITES

This Website or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Petro Ninja monitors or endorses these websites. Petro Ninja does not accept any responsibility for such websites. Petro Ninja 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

12. INTERNET SOFTWARE OR COMPUTER VIRUSES

Petro Ninja shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website. Petro Ninja recommends that you install appropriate anti-virus or other protective software.

13. DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” AND "WITH ALL FAULTS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETRO NINJA DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE OR THE SERVICES WILL: (I) BE UNINTERRUPTED OR ERROR-FREE; (II) MEET YOUR NEEDS; OR (III) FUNCTION WITH, AND NOT DAMAGE, ANY OTHER SOFTWARE OR HARDWARE OR OPERATE WITHOUT INTERRUPTION.

NO INFORMATION PROVIDED BY ANY REPRESENTATIVE OF PETRO NINJA SHALL CREATE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER BY PETRO NINJA OR OTHERWISE MODIFY THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND/OR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETRO NINJA WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE SERVICES. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE INTENDED TO BE USED BY TRAINED PERSONNEL AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT.

14. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE SERVICES.

IN NO EVENT SHALL PETRO NINJA, ITS LICENSORS AND SUPPLIERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION), OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE SERVICES (INCLUDING THE PETRO NINJA SOLUTION), OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, PETRO NINJA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE AND/OR THE SERVICES AND/OR ANY PRODUCTS, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF: (I) FIVE ($5.00) DOLLARS; AND (II) THE FEES ACTUALLY PAID BY YOU TO ACCESS AND USE THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. INDEMNIFICATION

YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.

16. TERM & TERMINATION

This Agreement will become effective on the date you agree to these Terms of Use or otherwise access or use the Website for any purpose, and will remain in force until the Agreement is terminated hereunder.

You may terminate this Agreement upon thirty (30) days' notice to Petro Ninja.

Petro Ninja may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services.

Sections 5, 13 - 15, and 17 – 19 will survive any termination or expiry of these Terms of Use.

17. NOTICE

Any notices to Petro Ninja under this Agreement shall be sent by email to info@petroninja.com. Petro Ninja may send you notices via the Website or to any email address you may have registered with Petro Ninja in connection with the Services. Each notice shall be deemed given and effective one (1) day after it is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the email address is invalid or the transmission was not successful.

18. YOUR COMMENTS

Feel free to email your comments, suggestions and feedback ("Comments") to Petro Ninja at the e-mail addresses provided in this Website or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Petro Ninja is not liable for any damages related to communications to or from this Website or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Petro Ninja has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Petro Ninja may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful and do not violate the legal rights of others.

19. MISCELLANEOUS

Entire Agreement. These Terms of Use (which incorporates by reference our External Privacy Policy) sets out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

Interpretation. You represent that you have read and fully understand this Agreement. No provision shall be construed against a party by reason of the fact that such party or its legal counsel drafted that provision, notwithstanding any rule of law or any legal decision to the contrary. For purposes of interpreting this Agreement, headings contained herein are for convenience of reference only and shall not affect the interpretation of this Agreement and, whenever the context requires, the singular number will include the plural, and vice versa. Nothing in this Agreement shall restrict the right of Petro Ninja to engage in any business or provide any software, services, or other products to any third parties on any terms.

Governing Law. These Terms of Use is governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction of the courts located in located in Calgary, Alberta, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Arbitration. Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Website or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Website or Services, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Calgary, Alberta in English and in accordance with the Arbitration Act (Alberta), except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Court of Queen's Bench, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Petro Ninja relating to any Claim; (ii) opt out of any class proceedings against Petro Ninja; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Petro Ninja reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Assignment. These Terms of Use are not assignable, transferable or sub-licensable by you except with Petro Ninja’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


These Terms of Use were last updated on March 8, 2017.