Website Terms of Use
Your use of The Polar Adventure Company Ltd. website and all websites owned by The Polar Adventure Company, (http://www.polaradventure.com/), ("this Site") is expressly conditioned on your full acceptance, without modification, of the following Terms and Conditions. If you do not accept all these Terms and Conditions you must not use this Site. You agree that by your use of this Site, you are manifesting your assent to these Terms and Conditions of Use
OWNERSHIP
This Site is owned by The Polar Adventure Company Ltd., ("The Polar Adventure Company”). Much of the Content found on this Site is owned by third-party providers and distributors. None of the Content found on this Site may be reproduced, republished, sold, transferred, distributed, or modified without the express written permission from The Polar Adventure Company and/or its third-party providers and distributors. You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from transfer, sell, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions. Trademarks, logos, and service marks displayed on this Site are the registered property of The Polar Adventure Company, its affiliates, and various third parties.
USE OF SITE
You may use this Site to inquire on reservations and shall not use this Site for any other purposes, including but not limited to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand. You must not copy, reproduce, republish, upload, post, transmit, or distribute Content without the express written permission of The Polar Adventure Company, except you may download, display, and print, one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. Unauthorized use of this Site and/or the materials on this Site may violate copyright, trademark, or other intellectual property laws or other laws.
Access to certain areas of the Site is limited to The Polar Adventure Company clients or Agent partners only, i.e., persons who have provided us with the required information on The Polar Adventure Company Client and/or Agent Registration Form(s). By registering and submitting the required information to The Polar Adventure Company you agree that you will take all reasonable precautions to protect the confidentiality of your User Login Information and prevent its unauthorized use. You agree that you will be responsible for all fees, charges, taxes, duties, and other amounts that may be imposed by your use of this Site, by you, or by anyone else using your User Login Information. Users also grant express permission to The Polar Adventure Company staff members to contact them via email or phone regarding their travel preferences, interests, and needs. The Polar Adventure Company reserves the right at its sole discretion, without notice, to restrict or terminate your use of this Site at its sole discretion. In particular, but without limitation, your use of this Site in violation of these Terms and Conditions may result in your membership and/or access being restricted or terminated and/or legal action being taken against you
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
The Polar Adventure Company and any third-party providers represented on this site make no warranty or representation of any kind regarding this site or any other site that can be accessed by click-through from this site, or their respective contents, all of which are provided on an 'as is" basis. without limiting the foregoing statement, the Polar Adventure Company disclaims any implied representation or warranties and conditions, implied representation, or non-infringement or warranty of title, fitness for a particular purpose or accuracy regarding this site and any third-party sites represented. certain countries, states, and provinces do not allow the disclaimer of implied warranties so this disclaimer may not apply to you.
LIABILITY DISCLAIMER
In no event will the Polar Adventure Company, its affiliates, and/or any third-party suppliers herein represented, or connected to this site be liable or responsible in any way for any injury, loss, claim, damage, or any special punitive, exemplary, direct, indirect, incidental or consequential damages of any kind arising out of, or in any way connected with, the use of this site, or with the delay or inability to use this site or for any information, products and services obtained through this website or arising from the use of this site whether based on tort, strict liability, contract or otherwise even if such party has been advised of the possibility of damages.
Notwithstanding the foregoing, In the event that The Polar Adventure Company or any third-party suppliers are found to be liable for any loss or damage arising out of, or in any way connected with, the above-described functions, use, or Content on this Site the total liability for polaradventure.com and its suppliers shall not exceed US$100. Some countries, states, and provinces do not allow the exclusion or limitation of damages so the foregoing disclaimer may not apply to you.
INDEMNIFICATION
You shall defend, hold harmless, and indemnify The Polar Adventure Company and any third-party suppliers and their officers, directors, employees, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees brought by you or on your behalf in excess of the liability described within these Terms and Conditions or by third parties that is a result of your use of this Site.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and create binding legal obligations for any liability you may incur because of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
LINKS TO OTHER SITES
This Site may provide hyperlinks to Sites owned and operated by other parties than The Polar Adventure Company. The inclusion of such hyperlinks is provided for your reference only and does not create or imply any affiliation or endorsement between The Polar Adventure Company and the owners or operators of such Sites. The Polar Adventure Company.com does not operate or control such Sites and is not responsible for their contents and makes it clear within these Terms and Conditions that such hyperlinks are in no way whatsoever an endorsement of their respective Contents or imply any association with their owners or operators. Your use of any such Sites is governed by the Terms and Conditions found on that Site.
Links to this Site without the express written permission of The Polar Adventure Company are strictly prohibited. To request permission to link to this Site, please contact The Polar Adventure Company. The Polar Adventure Company reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Site or any of its content in any form and by any method is strictly prohibited.
USE OF MESSAGE BOARDS AND OTHER COMMUNICATION FACILITIES
This Site may contain message boards or other communication facilities. You agree to use these facilities only to send and receive messages and materials that are proper and related to the particular facility. You also agree not to defame, abuse, threaten, stalk, or otherwise violate the legal rights of privacy and publicity of others, publish, post, or distribute any infringing, indecent, obscene, or defamatory or unlawful material or information. Neither will you upload any files that contain any material that would violate any intellectual property or other laws or upload files that contain viruses, corrupted files, or any other similar device that may damage or cause harm to another computer, nor will you delete any legal notices or proprietary designations within files that are uploaded. You will not download any files that you know to be an infringement of copyright or that you know, or reasonably should know cannot be distributed in such a way. You agree not to advertise any goods or services or promote or conduct surveys or chain letters within the facilities. You acknowledge that all forums are public domain, and no communication is private you also acknowledge that all Content, postings, files, etc. are not endorsed or approved by The Polar Adventure Company. The Polar Adventure Company reserves the right to remove any posting at its sole discretion without warning from such facilities.
USER SUBMISSIONS
The Polar Adventure Company encourages your feedback, suggestions, and contributions to our Site however to avoid dispute we ask you not to submit anything to us unless you agree that The Polar Adventure Company is licensed to use what you send. Specifically, with respect to design, idea, concept, suggestion, comment, images, feedback, or any other information you communicate to us, (written, oral or electronically communicated). Your submission of such material without further action automatically grants to The Polar Adventure Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, publish, display, distribute, transmit transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission (or any part of that Submission), in whole or in part, for any purpose, and in any form, medium, or technology.
GOVERNING LAW
This agreement and its performance are governed by the laws of the Province of Newfoundland and Labrador and applicable Federal laws of Canada, without regard to its conflict of laws provisions. You agree to the exclusive jurisdiction and venue of the courts of the province of Newfoundland and Labrador, Canada in all disputes arising out of or relating to the use of this Site and this agreement. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. However, in respect of residents of Quebec, this agreement, your use of this Site, and all related matters shall be governed by the laws of the Province of Quebec and the federal laws of Canada, and any claim or action brought pursuant to this Agreement will be subject to the exclusive jurisdiction of the courts of Quebec. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including but not limited to this paragraph.
MODIFICATIONS OF TERMS AND CONDITIONS
The Polar Adventure Company reserves the right to alter the Terms and Conditions at any time, without prior notice under which this Site is offered. Upon posting a new version of these Terms and Conditions on this Site your continued use of this Site constitutes your acceptance of such modifications.
ADDITIONAL TERMS AND CONDITIONS
Separate Terms and Conditions may apply to reservations and purchase of travel-related goods and services on this Site, and you agree to abide by these Terms and Conditions.
PRIVACY POLICY
Your privacy is especially important to us and we will not disclose your personal information except as described in our Privacy Policy the terms of which are incorporated into these Terms and Conditions.
ADDITIONAL RIGHTS AND RESTRICTIONS
These Terms and Conditions constitute the entire agreement between you and The Polar Adventure Company with respect to this Site and its Content and supersede all prior or contemporaneous communications, (whether written, electronic, or oral) between you and The Polar Adventure Company. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Polar Adventure Company because of this agreement or use of this Site. In any proceeding to settle a dispute between you and The Polar Adventure Company regarding your use of this Site or its Content or regarding these Terms and Conditions a printed version of these Terms and Conditions and of any electronic notice given by The Polar Adventure Company to you will be admissible to the same extent as other documents and communications originally generated or maintained in printed form. You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. We reserve all rights relating to this Site or the Content not expressly granted to The Polar Adventure Company by these Terms and Conditions. If any part of these Terms and Conditions are found to be invalid or unenforceable pursuant to applicable law including without limitation the Disclaimer of Representations and Warranties or the Liability Disclaimer outlined above then the invalid or unenforceable section will be deemed superseded by a valid, legally enforceable provision that most closely matches the intent of the provision and the remainder of the Terms and Conditions will continue in effect. The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof. Any rights not expressly granted herein are reserved.
The Polar Adventure Company Ltd. is registered as a corporation in the Province of Newfoundland and Labrador, Canada.
