NIHO Land & Cattle Company Ltd. (“NIHO”), the owner of the www.niho.com website (referred to here as the “Site”), has provided you with access to the site for your convenience and entertainment.  In return, by using the Site (which includes any sub-site or page of the Site), you acknowledge and agree to the matters set out further below.   

1.                   OWNERSHIP

The Site, including all of its Content (including all text, information, photographs, graphics, or other material, including trademarks, logos and advertisements), is the property of NIHO or other persons who have contributed Content.  They are protected by U.S., Canadian and international copyright laws, and while NIHO makes the Content available for you to access, NIHO (or the persons who provided the Content to NIHO) retains all copyright and related ownership rights.  Accordingly, without the express written permission of NIHO, you agree not to:

·        copy or distribute the Content or any portion of it;

·        mirror or include the Content or any portion of it on your own server, internet web site or documents; or

·        modify or re-use any portion of the Content.

In particular, “NIHO Land & Cattle Company Ltd.”, “NIHO”, “www.niho.com”, and all NIHO logo(s) are all trade marks or service marks of NIHO. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners.

2.              ADVERTISEMENTS, THIRD PARTY SITES AND "HOTLINKS"

Clicking on certain links (including advertisements) within the Site will take you away from the Site, to other “third-party” sites.  NIHO provides these links to you only as a convenience, and does not endorse the content, products or services of any third party site (or any site linked to a third party site, or any subsequently-linked site).  Such linked-to sites are not under the control of NIHO and NIHO is not responsible for any aspect of those sites, including their:

·        content

·        privacy practices

·        terms of use or terms of service

·        products or services provided on or through the sites.

2.              MODIFICATIONS TO SERVICE OR TERMS OF USE

NIHO may at any time modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Further, NIHO may change the Terms of Use or other policies regarding the use of the Site at any time by posting an updated version of the Terms of Use on this Web site. 

You are responsible for reviewing the Terms of Use before using the Site, and continued use of the Site after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Site constituting consideration from NIHO to you for so being bound.

3.              INTERNATIONAL USE

NIHO is based in British Columbia, Canada.  NIHO makes no claims that the Content is appropriate or may be downloaded outside of its base jurisdiction:  access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside NIHO’s base jurisdiction, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

3.              DISCLAIMER OF WARRANTIES; RELEASE

While NIHO uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information, and you should not rely upon it.  NIHO does not guarantee that the Site or services provided on or by the Site will be sufficient or appropriate for any individual or situation.

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU.  NIHO STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES. 

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of NIHO. Accordingly, NIHO ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. NIHO MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

NIHO DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USER'S COMPUTERS WHEN USERS DOWNLOAD ANY MATERIAL FROM THE SITE. You are strongly advised to obtain and use appropriate anti-virus and security software.

3.1.            TO THE FULLEST EXTENT PERMITTED BY LAW, NIHO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES/CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND NIHO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.

4.              LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF NIHO OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIHO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NIHO AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE ON IT.

5.              INDEMNITY

You agree to indemnify and hold harmless NIHO, its directors, officers, members, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation by you of these Terms of Use or the Site’s Privacy Policy or any activity related to your account (including negligent or wrongful conduct) by you.

6.                  INTELLECTUAL PROPERTY PROTECTION POLICY

If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

·          the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

·          a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;

·          identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;

·          identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;

·          your name, address, telephone number, and email address;

·          a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·          a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By mail:          200 313 Sixth Street New Westminster, B.C. V3L 3A7

By phone:       (604) 606-7900

By email:        copyright@niho.com

On receipt of a complaint, NIHO may make the material or files in question unavailable until the review has been completed.  NIHO will also:

·          conduct an internal review to determine the nature and location of the content or abuse, and, where warranted,

·          consult with legal counsel and/or outside authorities, and/or;

·          take such steps as are legally appropriate, including deletion of the content if owned by NIHO, or where the content in question is not owned by NIHO, notifying the alleged infringer of the complaint, with a request for a response within seven days and, if no response is received within that time, may destroy or delete offending content.

7.              CHOICE OF LAW AND FORUM

This Agreement will be governed by and construed in accordance with the laws of the British Columbia and the applicable laws of Canada, without giving effect to any principles of conflicts of law. You expressly agree that any action arising out of or relating to this Agreement will be filed only in the courts located in Vancouver or New Westminster, British Columbia (or in the case of appeal to the Supreme Court of Canada, to the location of that court) and you irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

8.              INTEGRATION, SEVERABILITY, AND WAIVER

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between NIHO representatives and you. If any provision of these Terms of Use is found to be invalid or unenforceable, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect but for the invalid portion(s). No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.