A. TERMS APPLICABLE TO ALL USERS
2. Modification of Terms
3. Jurisdiction and Governing Law
4. Scope of Use
NORD Canada grants you the non-transferable and non-exclusive right to remotely access and use the Website solely for your own internal business purposes as permitted by this Agreement. Some areas of the Website are only accessible to registered users. A user has no right to registration. We are entitled to revoke any registration issued at any time.
You shall not license, sell, rent, outsource or otherwise make available the Website or Content to third parties. You shall be responsible for the acts and omissions of any users of the Website using registration information as if they were the acts and omissions of you. When using the Website, you shall not (a) translate, decompile, reverse-engineer, or otherwise modify any parts of the Website or Content; (b) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (c) infringe the intellectual property rights of any entity; (d) interfere with or disrupt NORD Canada's software, the systems used to host the Website, other equipment or networks connected to the Website made known to you; (e) use the Website in the operation of a service bureau or time-sharing service; (f) circumvent the user authentication or security of the site or Website or any host, network, or account related thereto; (g) mirror the Website on any server; (h) make any use of the Website that violates any municipal, provincial, federal, international, or foreign law; (i) fail to use commercially reasonable efforts to prevent the unauthorized license, sale, transfer, lease, transmission, distribution or other disclosure of the Website or Content; (j) allow any third party to use any user identifications; codes; passwords; procedures; and user keys issued to or selected by You to access the Website.
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, personal use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, other than placing orders for your business, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of NORD Canada is strictly prohibited.
5. Copyrights and Trademarks
The materials on the Website, as well as the organization and layout of the Website, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions by NORD Canada and its Affiliates. You may access, download and print materials on this Website solely for your personal and commercial use solely for your business; however, any print out of this Website, or portions thereof, must include NORD Canada's copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another Website, use on any other Website, transfer or sell any information obtained from this Website without the prior written permission of NORD Canada.Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of NORD Canada. You may not use a part of this Website on any other website, without NORD Canada's prior written consent.
NORD Canada respects the intellectual property rights of others and expects you to do the same. The policy of NORD Canada is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com .
You may not link to this Website without NORD Canada's written permission. If you are interested in linking to this Website, please contact firstname.lastname@example.org .
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to NORD Canada that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not upload anything malicious to the Website or its servers, nor launch automated systems such as “robots”, “spiders”, etc. You may not impersonate any person or misrepresent your identity to gain access to the Website or in your usage of the Website. Possible evidence of use of this Website for such purposes will be provided to law enforcement authorities and is otherwise subject to production as required by law.
8. No Warranties
All content that is included in the Website is provided "as is", and NORD Canada makes no warranty as to the accuracy or completeness of such content. You use such content at its own risk, and NORD Canada shall have no liability to you or any third party based on your use or reliance on such content. NORD Canada does not control the transfer of data, including but not limited to your data, over telecommunications facilities, including the internet, and NORD Canada does not warrant secure operation of the Website or that such security technologies will be able to prevent third party disruptions of the Website.
9. Separate Agreements
10. Canadian Resident
You represent that you are a Canadian resident or duly organized organization authorized to do business in Canada.
11. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
12. Responsibility for Minors
This Website is not intended for use by minors. In cases where you have authorized a minor to use this Website, you recognize that you are fully responsible and NORD Canada is by no means liable for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Website; and (c) the consequences of any misuse by the minor. You acknowledge that this Website was not designed for minors and that there is no guarantee that all content on this Website is appropriate for minors.
13. Users Disputes
You are solely responsible for your interactions with other users. NORD Canada reserves the right, but has no obligation, to monitor disputes between you and other users.
14. User Submissions and Communications; Public Areas
If you submit any business information, idea, concept or invention to NORD Canada by email, you automatically represent and warrant that you are the owner of such content or intellectual property and that you expressly grant NORD Canada and its Affiliates a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. NORD Canada may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to NORD Canada by email.
NORD Canada reserves the right (but is not obligated) to do any or all of the following:
NORD Canada reserves the right to take any action it deems necessary to protect the safety of users or the public. NORD Canada has no liability or responsibility to users of the NORD Canada Website or any other person or entity for performance or nonperformance of the aforementioned activities.
NORD Canada is committed to maintaining the accuracy, confidentiality, security and privacy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law. Your personal information may be collected, used and disclosed when you access and use the Website for purposes such as:
(a) The facilitation of transactions and inquiries.
(b) Review of past usage to maintain and improve Website operations and quality of services.
(d) For any other purpose NORD Canada believes necessary in a manner compliant with any and all privacy legislation applicable under Canadian law.
(a) Confidential Information. "Confidential Information" means any confidential information provided to you by NORD Canada or its Affiliates including by example, but not limited to, the price, product selections, and technical details or any product and any technical data or know-how, including, but not limited to, that which is related to research, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing or finances. Confidential Information does not include information, technical data or know-how which (i) is in possession of you at the time of disclosure as shown by the your files and records immediately prior to the time of disclosure; (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inaction or action of you or your affiliates; (iii) is approved for release in writing by NORD Canada; or (iv) information that qualifies as a Trade Secret. You agree not to use the Confidential Information disclosed to you by NORD Canada or its Affiliates for your own use or for any purpose except to carry out discussions concerning the undertaking of any current or future business relationship between the parties. You may not disclose the Confidential Information of the other to third parties or to your employees or agents without the written consent of NORD Canada, except to those employees or agents who are required to have the information in order to carry out the contemplated business. You agree that you will take all reasonable steps, including all steps that you would take to protect your own Confidential Information, to protect the secrecy of and avoid disclosure or use of Confidential Information of the other in order to prevent it from falling into the possession of unauthorized persons. You agree to immediately notify NORD Canada in writing of any misuse or misappropriation of such Confidential Information.
(b) Trade Secrets. Examples of Trade Secrets may include, but are not limited to: software architecture, formulas, patterns, compilations, programs, devices, methods, techniques or processes, product costs and mark-up information, and service costs and mark-up information. You agree that, except as required by the scope of the Agreement or expressly agreed upon in writing by the parties, neither will use, directly or indirectly disclose, or publish any Trade Secrets. You acknowledge that any unpermitted use or disclosure of NORD Canada's Trade Secret will cause NORD Canada irreparable damage for which remedies other than injunctive relief will be inadequate and that NORD Canada shall be entitled to injunctive relief or other equitable relief enjoining such use or disclosure, without the posting of a bond or other security, in addition to any other remedies available by law or under this Agreement. The term of this covenant not to disclose Trade Secrets is unlimited and survives the termination of this Agreement.
17. LIMITATION OF LIABILITY
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. NORD CANADA AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY LIABILITY, FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF NORD CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT.
19. Accounts and Security
You may not:
(a) select or use a login name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a login name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify NORD Canada of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NORD Canada's sole discretion, and you may be reported to appropriate law-enforcement agencies.
20. Your Responsibilities and Obligations.
(a) You grant to NORD Canada the nonexclusive right to use your data, and in such use share the data with its Affiliates, for the sole purpose of and only to the extent necessary for NORD Canada to provide the function of its Website and fulfill any orders placed by you through its Website.
(b) You shall be responsible for entering your data into the Website and you shall be responsible for the maintenance of your data supplied by it. You hereby represent and warrant to NORD Canada that your data is free of all viruses, Trojan horses, and comparable elements which could harm the systems or software used by NORD Canada, its Affiliates, or its subcontractors to provide the Website.
(c) You shall change all passwords used to access the Website at regular intervals. Should you learn of a third party having obtained knowledge of a password, you shall inform NORD Canada thereof without undue delay and promptly change the password.
(d) You are responsible for the connection to the Website, including internet connection, NORD Canada shall not be responsible for any failure to meet its obligations under this Agreement which result from or relate to the connection to the Website as provided by you.
(d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement.