Last updated: March 25, 2019
IMPORTANT: BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. CAREFULLY READ ALL OF THESE TERMS BEFORE PROCEEDING. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.
- Use of Site. You acknowledge that this Site and all information, content, promotional materials, designs, text, graphics, pictures, applications, software, reports, technical data, audio and video files, interfaces, web pages, downloads, product names, company names, trademarks, logos and trade names contained on this Site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of NVT Phybridge or third parties. Under no circumstances will You acquire any ownership rights or other interest in any Content by or through your use of this Site. NVT Pybridge authorizes you to view and download the Content only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is strictly prohibited. The Content is copyrighted and any unauthorized use of any Content may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
- Modification of Terms. NVT Phybridge may modify these Terms at anytime in its sole discretion without notice to You. You should check these Terms frequently for changes by checking the date it was “Last updated” at the top of this document. Your continued use of this Site after changes to these Terms have been posted will constitute acceptance of such changes.
- User Account and Profile.
- In order to access certain services, areas or features of Our Site, You may be required to create a user account, profile, or download software. If any portion of the Site requires You to open an account or create a user profile, the information You provide must be truthful and accurate. User accounts, profiles, and login information (e.g. username and password) are associated with one individual only and You agree that You will never allow access by another person or entity at any time and to never access the account, profile, and login information of another person or entity at any time. You agree to keep Your login information confidential, and You must notify NVT Phybridge immediately of any unauthorized use of Your account, or of any other breach in security that You become aware of, in writing within 24 hours if Your login information is compromised.
- We may, in Our sole discretion, (i) reject or remove anything You post, (ii) restrict, suspend, or terminate Your access to and use of any or all of the Site, or (iii) cease to provide and maintain the Site, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, We may retain or delete any information or content that You provided.
- Copyright. The copyright in all Content provided on this Site is held by NVT Phybridge or by the original creator of the Content. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, translated, downloaded, displayed, posted, communicated to the public by telecommunication or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of NVT Phybridge or the copyright owner. Consent is granted to display, copy, distribute and download the Content on this Site for personal, non-commercial use only; provided You do not modify the Content and that You retain all copyright and other proprietary notices contained in the Content. You also may not, without NVT Phybridge’s consent, “mirror” any Content contained on this Site on any other server. The foregoing consent terminates automatically if You breach any of these Terms. Upon termination, you will immediately destroy any downloaded and printed materials.
- Trademarks, etc. The trademarks, service marks, logos and graphics (collectively the “Trademarks”) used or appearing on this Site are the registered and unregistered trademarks of NVT Phybridge, or third parties. No license or right is granted by implication, or any other means to use any of the Trademarks appearing on the Site. Any unauthorized use of any Content on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- Restrictions On Use. You understand that the Site is available for your personal, non-commercial use only. You acknowledge that NVT Phybridge expressly prohibits, and You agree not to:
(i) distribute the Content for any purpose including, without limitation, compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system;
(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of NVT Phybridge, or third parties or allow any other party to access the Content. The restrictions set out in these Terms shall not apply to the limited extent the restrictions are prohibited by applicable law;
- use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site;
- use the Site (including by posting third party content), in a manner that is actually or potentially false, inaccurate, misleading, libelous, defamatory, threatening, harmful, abusive, harassing, discriminatory, hateful, vulgar, sexually-oriented, indecent, obscene, pornographic, otherwise objectionable, in violation of any third party intellectual property rights (including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others) or privacy rights of any person, or is otherwise unlawful under any applicable law or regulation;
- harass, stalk or otherwise subject any other user of the Site to unwanted and/or inappropriate contact;
- post, transmit or make “spam,” unsolicited messages or communications, including mail, e-mail, phone calls, texts or faxes, and/or advertise or telemarket any products or services either by directly posting on the Site or by making unsolicited contact with any user via email, telephone, text, postal mail or any other method of communication;
- make any changes, additions and/or deletions to any of the third party content posted by any user without the express written authorization of such other user;
- post or send to the Site any information that contains a computer virus, bug or other harmful item or intentionally exposes the Site to any computer virus, corrupted data, or any other program or code intended to disrupt or disable operation of the Site;
- misrepresent an affiliation with, or otherwise impersonate, any person or organization;
- frame or link to the Site any of the Content from the Site unless NVT Phybridge expressly consents to such linking and/or framing;
- use any device or technology to provide repeated automated attempts to access password-protected portions of the Site or take any action to circumvent or attempt to circumvent the security and access control measures of the Site; or
- engage in any other conduct that (1) restricts, prevents or inhibits anyone’s use or enjoyment of the Site, or which, as determined by NVT Phybridge, may harm NVT Phybridge or users of the Site or expose them to liability; (2) interferes with, disrupts, disables, damages, or overburdens the Site or associated servers, networks, or software; or (3) damages any NVT Phybridge or third party property, information or software.
7. Computer Viruses. While every effort is made to ensure that all Content on the Site does not contain computer viruses, You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that You have a complete and current backup of the applicable items of information contained on Your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
- Site Maintenance. The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Your communications. NVT Phybridge is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email as a result of any technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to Your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Service.
- Third Party Websites and Links. The Site may provide links to other websites or resources. As We have no control over such websites and resources, You acknowledge and agree that We are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Other websites may provide links to the Site with or without our authorization. We have no control over websites that provide links to the Site, and You acknowledge and agree that We do not necessarily endorse such websites and are not responsible for any links from those websites to the Site or for any content, advertising, products, or other materials available on such other websites. You further acknowledge and agree that We 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 the use of or inability to use (i) any websites or resources that We provide links to or that provide links to the Site, or (ii) any content, goods, or services available on or through any such websites or resources. We shall have the right, at any time and in Our sole discretion, to block links through technological or other means, without prior notice.
- Limitations on Liability and Disclaimers.
(i) ALTHOUGH THIS SITE CONTAINS INFORMATION OBTAINED FROM OR BASED UPON SOURCES BELIEVED TO BE RELIABLE AND HAS BEEN PREPARED IN GOOD FAITH AND WITH ALL REASONABLE CARE, THIS SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
- IN NO EVENT WILL NVT PHYBRIDGE, ITS AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR USE OF OR RELIANCE ON THIS SITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF NVT PHYBRIDGE OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL WE BE LIABLE FOR ANY ERRORS IN PROCESSING OF YOUR PAYMENT INFORMATION UNDERTAKEN BY ANY THIRD-PARTY PROVIDER WITH WHOM WE CONTRACT TO PROVIDE SUCH SERVICES.
(iII) IN NO EVENT WILL NVT PHYBRIDGE, ITS AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEBSITES; THE INTERNET BACKBONE; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF NVT PHYBRIDGE, EVEN IF NVT PHYBRIDGE OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- Indemnity. You agree at all times to indemnify, defend and hold harmless NVT Phybridge, its agents, suppliers, and their respective directors, officers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by NVT Phybridge directly or indirectly in respect of:
(a) any information or other content You provide on or through this Site or which is sent to NVT Phybridge by e-mail or other correspondence; or
(b) Your use or misuse of the Content or the Site, including without limitation infringement claims.
- Governing Law. NVT Phybridge, the Site and the Content (excluding linked websites or its content) are physically located within the Province of Ontario, Canada. These Terms will be governed by and interpreted in accordance with the laws of the Province of Ontario, excluding conflict of law principles, and shall be treated in all respects as an Ontario contract.
- No Waiver. The failure of NVT Phybridge to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
- Severability. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
- Enurement. These Terms shall enure to the benefit of and be binding upon You and Us and our respective successors and permitted assigns. You acknowledge having read these Terms before accepting it, having the authority to accept these Terms and having received a copy of these Terms.
- Agreement in English. The parties confirm that it is their wish that these Terms, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.