Atlantic Nanofend Group – Terms of Use
Last Updated: October 1, 2020
This Terms of Use Agreement (the “TOU”) sets forth the terms and conditions that govern your access and use of the website www.nanofend.ca, and all goods and services offered therein, including related internet media properties (collectively the “Site”) owned or operated by the Atlantic Nanofend Group (“Nanofend”).
PLEASE READ THIS TOU CAREFULLY BEFORE CONTINUING OR USING THE SITE. THIS TOU AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE AND IMMEDIATELY CEASE ANY SUCH USE.
IF YOU PURCHASE ANY PRODUCT FROM NANOFEND, YOUR PURCHASE WILL BE GOVERNED BY THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN THIS TOU.
Language
1. It is the express wish of the Parties that the TOU and all related documents have been drawn up in English and that the English version of this TOU shall be the sole version used in interpreting and enforcing this TOU. C’est la volonté expresse des Parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Definitions & Interpretation
2. Definitions:
a. “Customer” means the individual or legal entity identified during purchase of any Product on the Site.
b. “Product” means any one or more of the goods or services available for purchase on the Site, or any alternate website as may be designated by Nanofend, from time to time.
c. “User” means any person, whether in an individual, business, or representative capacity on behalf of a company or other legal entity, and that accesses the Site.
3. Section headings in this TOU are for convenience only and have no legal or contractual effect.
Copyright, Licences and Idea Submissions
4. You acknowledge that Nanofend and its licensors own all right, title, and interest in: (a) the Site; (b) any Nanofend software provided in connection with the Site; and (c) all graphics, logos, service marks, trade names including third-party names, Product names, brand names, and any proprietary product or brand name information provided by any such licensors and used by Nanofend under license in connection with the Site. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE OR SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE, OTHER THAN IN COMPLIANCE WITH THIS USER AGREEMENT, AND IF YOU ARE A CUSTOMER AND/OR USER, THEN OTHER THAN IN COMPLIANCE WITH THE MASTER AGREEMENT AS WELL.
5. You agree not to change or delete any copyright or proprietary notices within any Materials on the Site. Any information printed or downloaded by you from the Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by Nanofend, by way of a single-use, non-transferable, non-commercial, non-exclusive, revocable license which must first be granted in writing upon written request from Nanofend.
6. Nanofend may use the information it obtains as a result of your use of the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes. Please contact us if you desire more information on how your data may be collected, stored, and used.
Trademarks
7. “Nanofend” and/or any other names of Nanofend, or its websites, seminars, conferences, events, publications, Products, content or services referenced herein, on the Site are the exclusive trademarks or service marks of Nanofend or its licensors, including the “look” and “feel” of the Site, including the color combinations, layout, and all other graphical elements. Any use of Nanofend’s or other licensed trademarks is strictly prohibited without the express written permission of Nanofend. Other Product and company names mentioned on the Site may be the trademarks of their respective owners.
Copyright Infringement
8. Notification of Copyright Infringement: Nanofend respects intellectual property rights and expects its Users to do the same. Nanofend will respond to clear notices of copyright infringement, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and making good-faith attempts to contact the User who posted the content at issue so that they may, where appropriate, make a counter-notification.
9. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Site, or on sites linked to or from the Site or in connection with the Site, please provide notification of claimed copyright infringement to Nanofend’s Copyright Agent (contact information below) and provide relevant information to be reviewed, such as:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
b. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
c. A description of where the content that you claim is infringing is located on the Site;
d. Information sufficient to permit Nanofend to contact you, such as your physical address, telephone number and e-mail address;
e. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10. Before you file such a notification, please carefully consider whether or not the use of the copyrighted content at issue is protected by the ‘fair use’ doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted content constitutes infringement, please contact an attorney before you file your notice.
Nanofend’s Copyright Agent:
Nanofend
Attention: Copyright Agent
Use of the Site
11. You understand that, except for information, Products or services clearly identified as being supplied by Nanofend, Nanofend does not operate, control or endorse any information, Products or services on the internet in any way.
12. You also understand that Nanofend cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safety and precautionary procedures and checkpoints to satisfy your particular security requirements.
13. Nanofend offers a search feature within the Site. Nanofend explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Nanofend also disclaims any responsibility for the completeness or accuracy of any directory or search result.
14. In connection with your use of the Site, you agree you will NOT:
a. Infringe or violate the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Nanofend, or any rights of publicity or privacy of any party;
b. Impersonate any person or entity, including but not limited to, a Nanofend official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Violate any applicable local, provincial, national or international law (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising);
d. Remove, delete or change information on the Site, without the prior express written permission of Nanofend;
e. Manipulate the Site;
f. Purchase or attempt to purchase any Product if you are not expressly authorized by such party to do so;
g. Do anything that might damage the functionality, security, or reputation of Nanofend or the Site;
h. Allow any third party to have access to or use the Site through your account, for any reason;
i. Publicly disclose content from the Site for which you are not authorized;
j. Distribute, sublicense, sell, assign, or otherwise transfer Nanofend software, services and/or documentation or part thereof, whether on its own or embedded in any other application; and
k. Copy, change, adapt, supplement, disassemble, reverse engineer, create derivative works from, translate or otherwise take or combine Nanofend software, services and/or documentation with other software, services or documentation, except as expressly permitted by this TOU or by written permission from Nanofend.
15. In connection with your use of the Site, you agree that you will:
16. You understand that, by using the Site, you use the Site at your own risk and you are free to leave the Site at any time.
17. You agree that at the sole discretion of Nanofend, and for any reason and without notice, Nanofend may delete, remove, alter or suspend any User information or any other information posted to the Site. Further, Nanofend may suspend or revoke your access to the Site if you are in breach of this TOU.
Investigations
18. Nanofend does not generally monitor User activity occurring in connection with the use of the Site. If Nanofend becomes aware, however, of any possible violations by you of any provisions of this TOU, then Nanofend reserves the right to fully investigate such violations, and Nanofend may, at its sole discretion, terminate immediately your licence to use the Site in whole or in part, without prior notice to you. If, as a result of such investigation, Nanofend believes that criminal activity has occurred, Nanofend reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Nanofend is entitled to the extent allowed by applicable law, to disclose any information, including information about you, in Nanofend’s possession in connection with your use of the Site to law enforcement or other government officials, as Nanofend in its sole discretion believes to be necessary or appropriate.
Availability, Changes to Services
19. You acknowledge and agree that it is not technically feasible to achieve availability of the Site at all times without interruption. You acknowledge and agree that there is the potential for software maintenance, software development, ‘Acts of God’, Force Majeure, equipment failures, or utility failures that might cause an interruption in availability or cause malfunction, and that as such Nanofend will not be responsible for any damages whatsoever arising from such interruption or malfunction.
Safety and Care Instructions to be Followed
20. You acknowledge and agree that the Products we distribute and sell are dangerous if not properly used and stored, and safety instructions not properly followed. You must follow the safety instructions regarding each Product, which are available on our Site or on each manufacturer’s website. You hereby understand and agree not to use any Product until such time as you have read all the safety instructions for each Product which you purchase. Certain products can result in serious bodily harm or death if safety instructions are not followed.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
21. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OR MISUSE OF THE SITE AND PURCHASE AND USE OR MISUSE OF THE PRODUCT, WHICH CAN INCLUDE SERIOUS BODILY HARM OR DEATH. NANOFEND PROVIDES THE SITE, PRODUCTS, AND RELATED INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR ANY PRODUCT PROVIDED THROUGH THE SITE, EXCEPT AS REQUIRED BY LAW OR AS MAY OTHERWISE BE SPECIFIED IN WRITING.
23. NANOFEND SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OR MISUSE OF THE SITE OR PRODUCT. IN NO EVENT WILL NANOFEND BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR (II) ARISING OUR OF YOUR PURCHASE AND USE OF ANY OF THE PRODUCT, OR (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, SERVICE, ANY PRODUCT, INFORMATION, OTHER SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE OR SERVICE.
24. IN THE EVENT THAT A PROVINCE OR OTHER JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY TO THE EXTENT AGREED UPON IN THESE SECTIONS UNDER THE HEADING “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY,” THEN NANOFEND’S LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW ONLY IN THAT PARTICULAR JURISDICTION.
25. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK.
26. Notwithstanding anything to the contrary contained herein, our liability to any User of the Site, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $1 CDN.
27. The foregoing provisions are for the benefit of Nanofend and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Indemnification and Reservation of Rights
28. You agree to indemnify, defend and hold harmless Nanofend, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any breach of this TOU (including negligent or wrongful conduct) by you or your use and access of the Site.
Dealings with Third Parties
29. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Nanofend shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Links
30. The Site may provide links to non-Nanofend internet websites or resources as a convenience to you (“Third-Party Sites”). Because Nanofend has no control over such Third-Party Sites and resources, you acknowledge and agree that Nanofend is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Links to Third-Party Sites are not endorsements by Nanofend of such Third-Party Sites. You further acknowledge and agree that Nanofend shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Site or resource.
Site Security Rules
31. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach the Site’s security; or (c) attempting to interfere with the Site, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. Nanofend will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Cookies Use
32. The Site uses cookies to recognize your browser or device as a means of improving your use of the Site.
Risk of Loss
33. Risk of loss and title for items purchased from Nanofend pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs in Canada.
Returns & Refunds
34. Nanofend does not take title to returned items until the item arrives the location from which it was initially shipped to you, or to some other location as expressed in writing. At our discretion, a refund may be issued without requiring a return. In this situation, Nanofend does not take title to the refunded item.
35. Nanofend reserves the right to make changes to our returns and refunds policy on a case-by-case basis.
Product Descriptions
36. Nanofend attempts to be as accurate as possible. However, Nanofend does not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free; all product and brand information presented on the Site is under license from the respective product and brand owners. If a product offered by Nanofend is not as described, your sole remedy is to return it in unused condition for which a refund will be issued upon our receipt and satisfaction that the Product has not been used.
Governing Law
37. This TOU shall be governed and construed in accordance with the laws of the Province of Prince Edward Island and the laws of Canada applicable therein. The Courts of the Province of Prince Edward Island will have exclusive jurisdiction in connection with any matter, action or proceeding between Nanofend and you for any purpose concerning the Site or this TOU or the parties’ obligations hereunder.
Entire Agreement
38. This TOU contains the entire mutual agreement and understanding between Nanofend and all Users, Customers, and individuals accessing and using the Site and supersedes any prior written or oral agreement or understandings between any and all such parties with respect to this Site.
Severability
39. If any provision of this TOU is determined to be invalid, such invalid provision does not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law. If any provision is determined to be invalid, such provision shall be modified to the greatest extent possible to be considered valid and such modified provision shall be held to be enforceable against the applicable parties.
No Waiver
40. No failure of Nanofend to pursue any remedy resulting from a breach of this TOU by any Customer or User shall be construed as a waiver of that breach by that or any other party or as a waiver of any subsequent or other breach unless any such waiver is in writing and signed by Nanofend. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU.
Assignment
41. Nanofend may assign its rights and duties under this TOU to any party at any time without notice to you.
All rights reserved. Copyright © 2020, Nanofend.
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