Website Disclaimer and Terms and Conditions of Use

AFC and Associated Companies include but are not limited to: Alaska Frontier Constructors, Inc (AFC), Nanuq, Inc., Paa River Construction, LLC (PRC), Northern Construction & Maintenance, LLC (NCM).

AFC and Associated Companies or collectively [Companies] are requesting new employees to complete and sign new hire paperwork electronically.  This electronic process is governed by two laws; (1) the state Uniform Electronic Transactions  Act  (UETA) 1  and  (2) the  federal  Electronic  Signatures  in  Global  and  National Commerce (E-SIGN) Act2. These laws govern the validity of electronic signatures and records.  These laws provide that, in general, documents and contracts may be provided, signed, and stored electronically as long as all parties consent.

NOTICE: This electronic new hire process requires registering to a website located at newhire.akfrontier.com. By registering and establishing a personalized password, you will have access to your account information through this website. By registering and creating a user account at newhire.akfrontier.com, you acknowledge that use of Companies’ website to access information in your account(s) or to effect transactions in your account(s), may involve the transmission by you, the user, of information that may be considered personal financial, medical, academic, work history and/or other personal or sensitive information. You consent to the transmission by electronic means of such information through any system, service or product used by Companies and such consent shall be effective at all times that you use any such system, service or product. You accept full responsibility for the use and protection of your password and any transaction occurring in any account(s) opened, held, or accessed by use of your password.

This website is provided “as is” without any representations or warranties, express or implied.  The Companies make no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, Companies do not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

E-Signatures

During the course of registering on this website you, the user, will be asked to fill out and complete new hire forms. These forms must be filled out accurately and to the users most current and honest knowledge. Some forms require signatures and in general, a record or signature may not be denied legal effect or enforceability solely because it is in electronic form.³     If a law requires a signature, an electronic signature satisfies the law.⁴    If a law requires a record to be in writing, an electronic record satisfies the law.⁵    If an employer is  required  to  provide information in  writing to an  employee, the requirement is satisfied if the information is provided in an electronic document capable of being printed or saved.⁶

An electronic signature need not take any specific form to be valid: “electronic signature” is defined broadly by the UETA as any “electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.”⁷     An electronic signature is attributable to a person as long as it was the act of that person.⁸

Companies want to store records electronically instead of on paper, thus, it will make those records accessible to all persons entitled to access by law.⁹    It must also make sure the electronic records can be emailed, printed, or accurately reproduced in some other way.¹⁰    If there are any requirements to keep original copies of paperwork, that requirement is satisfied by storing an electronic copy.¹¹

The general rule that electronic signatures and records are valid applies only when the parties have each agreed to conduct a transaction electronically.¹²   The drafters of the UETA were sensitive to the fact that some parties may not have the resources or sophistication to conduct transactions electronically.¹³   For this reason, Companies have maintained the use of traditional paper forms in case a new employee does not consent to using the electronic forms. If this is the case, contact a company representative to request a hard copy new hire packet.

Limitations of liability

Companies will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

§   to the extent that the website is provided free-of-charge, for any direct loss;

§   for any indirect, special or consequential loss; or

§   for any business losses or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Companies also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.

Images displayed on this website are either the property of, or used with permission by, Companies. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Any communications or material you transmit to this website by electronic mail or otherwise, including data, photos, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of Companies or its affiliates. Such communications or material shall be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, and posting.

These limitations of liability apply even if Companies have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [Companies’] liability in respect of any:

• death or personal injury caused by Companies negligence;
• fraud or fraudulent misrepresentation on the part of Companies; or
• matter which it would be illegal or unlawful for Companies to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

Other parties

You accept that Companies have an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Companies’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Companies’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Companies.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

User Responsibility

You agree immediately to notify Companies’ representative(s) at the appropriate phone number listed below if you become aware of any of the following:

§   Loss or theft of your password or account number(s);

§   Unauthorized use of your password or account number(s), or any unauthorized use of this website;

§   Your failure to receive from Companies via email a confirming message providing a user account for each transaction initiated by you through this website;

§   Your failure to receive accurate written confirmation of a transaction within seven (2) business days after registering through the website;

§   Any receipt of confirmation of a transaction that you did not place, or any inaccurate or conflicting report concerning your account or any transaction history in your account; or

§   Any other information which you know of and believe compromises the security of your account information on this website.

If you fail to notify Companies when any of the above conditions occur, neither Companies nor any of its employees, affiliates, subsidiaries, or its parent, nor any third parties, can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling, or loss of any transaction.

You are solely responsible for the confidentiality and use or your password and account number(s). You will be solely responsible for all transactions entered through and under your password and all transactions received by Companies will be deemed to have been received from you. In the event of a breach of security, you will remain liable for any unauthorized use of your password to access information or effect transactions through this website until Companies receives actual notice from you.

Companies reserve the right to discontinue electronic access to your account, in whole or in part, at any time, and to modify or change the information or transactions available, at any time and from time to time. You acknowledge that Companies may immediately terminate your ability to access this website or portions of it if you violate the conditions of use or if you jeopardize the proper and efficient operation of services provided through this website.

Inquiries concerning use of Companies’ trademarks, service marks, trade names, logos, icons, copyrights, domain names or other intellectual property should be addressed to:

Alaska Frontier Constructors, Inc.