User Terms & Conditions
IN USING THIS WEBSITE OR BECOMING A MEMBER, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO THE FOLLOWING TERMS & CONDITIONS: This Terms & Conditions Agreement (“Agreement”) identifies what you can expect from Canada Rare Earth Corporation (“CREC”) and what CREC expects from you (“User”). These Terms & Conditions apply to your usage or any purchase of any product(s) offered by CREC.
When you provide your information to CREC, the information will remain active until the time at which you decide to cancel.
There is no long-term commitment with CREC. You can cancel at any time.
Refusal of Service
CREC will determine whether or not to accept you as a user and provide to you product(s), and CREC may refuse to provide to you CREC’s service for any reason or no reason at all. If you fail to comply with any of these Terms & Conditions, CREC may at any time terminate your rights under this Agreement in CREC’s sole discretion and without prior notice.
Payment for the CREC’s service may be made by bank account or other mutually agreed upon form of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of CREC’s service. Additionally, you are responsible for providing CREC with correct information. In the event that information provided to CREC by the user is incorrect or false due to user error or intention, CREC will not be held responsible.
By accepting these Terms & Conditions, you expressly authorize CREC, its agents and employees to complete and execute on your behalf documents required to provide the CREC service; speak to or otherwise communicate with third parties about you or on your behalf as necessary or appropriate to provide the CREC product(s).
You hereby authorize CREC and its third party processor to initiate withdrawals electronically from your financial Institution. This authorization is to remain in effect until CREC has received expressed notification from you, the user, of its termination. Notice must be received in time and in such a manner as to afford CREC reasonable opportunity to act on it. CREC reserves the right to void this Agreement at any time without prior notice.
Disclaimers and Limitation of Liability
Because of the possibility of human and mechanical error as well as other factors, the website (including all information and materials contained on the website) is provided “as is” “as available”. CREC and third party data providers are not providing any warranties and representations regarding the website. CREC and third party data providers disclaim all warranties and representations of any kind with regard to the website, including any implied warranties or merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any practical purpose. Further, CREC will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this website or that of a third party, or for the incompatibility between this website and files and the user’s browser or other site accessing program. Nor will CREC be liable for any other problems experienced by the user due to causes beyond CREC’s control. No license to the user is implied in these disclaimers.
CREC and third party data providers do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaims liability for errors or omissions in the materials and information. Furthermore, CREC and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in the website or that of a third party, any incompatibility between the website and the user’s files and the user’s browser or other site accessing program, or any other problems experienced by the user due to causes beyond CREC and its affiliates’ control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing CREC responsibility and obligations to clients in accordance with applicable laws and regulations.
Under no circumstances will CREC be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the website or any portion thereof, regardless or whether CREC has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.
CREC will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, acts of terrorism, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of CREC.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms & Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms & Conditions shall be subject to any other agreements you have entered into with CREC. This Agreement and any service provided hereunder will be governed by the laws of the State of Delaware, without regard to any Delaware laws that would direct the choice of another state’s laws and, where applicable, to be governed by the federal laws of the United States.
Both you and CREC agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or CREC’s service shall be settled by confidential arbitration, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any state or federal court. Although the cost of the arbitrator will be borne by CREC, all other expenses of arbitration will be paid by the party who incurred them. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or CREC’s service, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
Change in Terms
CREC may revise this Agreement at any time. You agree that each time you enroll, access or use CREC’s service. You will be bound by the current version of these Terms & Conditions, as they may have been modified from time to time. Online customers may check our website regularly for updates to this Agreement.
You agree to indemnify, defend and hold harmless CREC, its affiliates, successors and assigns, and its respective agents, directors, employees, information providers, licensors, licensees and suppliers, for, from and against any and all liability and costs (including attorneys’ fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by you of these Terms & Conditions, or your violation of applicable laws, rules or regulations. In the event that you are the subject of claims for which you properly seek damages from CREC under these Terms & Conditions, CREC reserve the right at CREC’s expense to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without CREC’s written consent. In the event that CREC is subject to any claim for which CREC has the right to be indemnified by you, CREC will have the right at your expense to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without CREC written consent.
Trademarks, Copyrights and Restrictions
CREC and the CREC logo are Registered Trademarks of Canada Rare Earth Corporation. Everything you see in any promotional materials is copyrighted by CREC unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All CREC promotional materials are protected by copyrights, which are owned or licensed by CREC. You may use CREC’s service and CREC materials only for your own, personal, non-commercial purpose. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any CREC information without the express, written consent of CREC.
These Terms & Conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for CREC’s service which is subject to additional or altered Terms & Conditions will be null and void, unless agreed to in writing and signed by you and CREC. The section headings used herein are for convenience of reference only and do not form a part of these Terms & Conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.
Description of Your Obligations
You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the enrollment process and any subsequent information you provide to CREC will be true, accurate, and current. YOU AGREE TO CONTACT CREC IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED CREC HAS CHANGED. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your username or passwords in obvious places or publishing. You agree that you are eighteen (18) years of age or older. You agree to pay us the fee we publish for CREC’s service, less any discounts to which you may be entitled.
YOU AND CREC HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. YOU AGREE THAT EACH TIME YOU ENROLL, ACCESS OR USE OUR SERVICE, YOU WILL BE BOUND BY THE CURRENT VERSION OF THESE TERMS & CONDITIONS, AS THEY MAY HAVE BEEN MODIFIED FROM TIME TO TIME. ONLINE USERS MAY CHECK CREC’S WEBSITE REGULARLY FOR UPDATES TO THIS AGREEMENT. YOU SHOULD PRINT OR RETAIN THIS AGREEMENT FOR FUTURE REFERENCE.
You may withdraw your acceptance of this Agreement at any time. Upon notification of your withdrawal of acceptance, CREC will cancel your service.
This Agreement, including all documents referred to herein, represents the entire understanding between you and CREC regarding your relationship with CREC and supersedes any prior statements or representations. When you enroll, use, or access CREC’s service, you agree to be bound by these Terms & Conditions. CREC appreciate and thank you for your business.
Last Revised April 18, 2013