Terms of use

for the internet portal "myNORD" of NORD Gear Limited - Canada

NORD Gear Limited (“NORD Canada”) maintains this site for information and communication purposes. NORD Canada is a Canadian subsidiary of GETRIEBEBAU Nord GmbH & Co. Hereinafter the parent company of NORD Canada, and all other international subsidiaries thereof, shall be referred to as “Affiliates” of NORD Canada. This webpage contains the Terms of Use governing your access to and use of " https://www.nord.com/cms/us/hp_home_ca.jsp " (the “Website”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

terms_of_use_myNORD

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

Your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "I AGREE" button at the end of these Terms of Use.IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Modification of Terms

NORD Canada may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction and Governing Law

Unless described otherwise, the Website is made available only to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If your NORD account is based in another jurisdiction, you may register for services offered by one of our international Affiliates, subject to their terms of use. NORD Canada makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

The United Nations Convention on Contracts for the Internal Sale of Goods shall have no applicability. For residents of Canada outside of Quebec, these Terms and use of this Website are governed by the laws of the Province of Ontario and the laws of Canada, and in respect of conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario. For residents of Quebec, the Terms use of this Website are governed by the laws of the Province of Quebec and the laws of Canada, and in respect of conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Quebec located in Montreal, Quebec. In the event of any dispute related to these Terms of Use, the prevailing party will be entitled to recover all its expenses related to such dispute including reasonable attorneys' and experts' fees and court costs.

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.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted, patented or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. NORD Canada shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

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 protected] .

6. Links

For your convenience, NORD Canada may provide links to various other websites. However, NORD Canada does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. These Terms of Use only apply to the Website and the products and services NORD Canada offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. NORD Canada reserves the right to terminate any link or linking program at any time. NORD Canada disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without NORD Canada's written permission. If you are interested in linking to this Website, please contact [email protected] .

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.

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH NORD CANADA EXPRESSLY DISCLAIMS. NORD CANADA DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND NORD CANADA WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. NORD CANADA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY NORD CANADA OR ITS AFFILIATES. You expressly acknowledge that Nord Canada has entered into these Terms of Use, and has and will make the Website and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Nord Canada. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

9. Separate Agreements

You may have other agreements with NORD Canada or an Affiliate. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with NORD Canada or its Affiliates.

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

You acknowledge that you own, are solely responsible for, or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify NORD Canada or its Affiliates for all claims resulting from content you supply.

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:

(a) Examine an allegation that a communication(s) do(es) not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s).

(b) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(c) Immediately suspend your passwords, accounts, and access to or use of the Website if you violate any provision of the Terms of Use.

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.

15. Privacy

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.

(c) The use of cookies (small text files that contain a unique identifier that identifies your browser – but not you – each time you visit our Website). Cookies tell us which pages of our Website are visited and by how many people. This allows us to understand what information is useful and what might need improvement. You can manage your cookie preferences on your web browser, but note that if you refuse to use them, some features of the Website might not work.

(d) For any other purpose NORD Canada believes necessary in a manner compliant with any and all privacy legislation applicable under Canadian law.

For additional information on how your personal information is collected, used and disclosed by NORD Canada in connection with your use of this Website, please consult our Privacy Policy as found on the Website.

16. Confidentiality

(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.

18. Indemnity

You agree to defend, indemnify, and hold NORD Canada, its officers, directors, employees, agents, licensors, and suppliers, and those of their Affiliates, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. You shall indemnify, defend, and hold harmless NORD Canada and its officers, owners, employees, clients, agents and representatives, and those of their Affiliates against all liability, claims, costs, causes of action, losses, damages, liabilities or expenses, including, without limitation, reasonable attorneys' fees and costs incurred in litigation (collectively referred to herein as "Losses") arising from or relating to (i) any use of the Website in breach of these Terms of Use; (ii) the use by you of any reports (written or otherwise) or other materials delivered or otherwise made available to you relating to the Website; or (iii) your data. Furthermore, it is the sole responsibility of you to ensure that the content of all submissions made via the Website meets any and all applicable legal requirements.

19. Accounts and Security

NORD Canada does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.As part of the registration process, each user will select a password ("Password") and Login Name ("Login Name"). You shall provide NORD Canada with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.

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.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at [email protected]

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.

21. Miscellaneous

(a) Entire Agreement. This document represents the entire agreement between the parties, and there are no understandings, representations or warranties of any kind between the parties except as expressly set forth in these Terms of Use. Any and all changes must be communicated in writing. The terms of these Terms of Use shall prevail over any additional, conflicting or inconsistent terms and conditions that may appear on any other document or agreement between the parties related to the Website.

(b) Invalidity. If any provision or clause of the Terms of Use or the application of such provisions or clause to either party is held to be invalid by a court of competent jurisdiction, then such provision shall be severed, and such invalidity shall not affect any other provision of these Terms of Use, the balance of which shall remain and have its intended full force and effect.

(c) Assignment. These Terms of Use in its entirety may not be assigned or subcontracted in its entirety by you without the prior written consent of NORD Canada, which consent may be withheld for any or no reason. NORD Canada is permitted, however, to assign the Website to third parties, without your consent.

(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.

(e) Language. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.