The doc is amended.
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These terms and conditions govern the use of the online database (the “Site”) and its content (the “Licensed Content”) by licensed users (“Users”) provided by Nimonik. They are an integral part of the contractual agreement between the Client and Nimonik.
Disclaimer - The online database is intended solely to give users convenient access to information regarding legislation and other industry standards. While Nimonik cannot guarantee that there are no errors in its Site, it endeavours, where appropriate, to correct those which are drawn to its attention. Accordingly, the data and information contained herein is for informational purposes only. No person should act or rely upon the information in the Site without seeking professional legal consultation.
Nimonik makes a best effort attempt to provide timely and accurate information in the Site. Regardless, you agree that Nimonik will not be liable for any errors or omissions of any nature in the content or use of the Site. The information is thereby provided "as is" without warranty of any kind. Nimonik hereby disclaims all warranties, whether express or implied, oral or written, with respect to the information including, without limitation, all implied warranties of merchantability, fitness for any particular purpose.
Liability for the use of information - Nimonik hereby disclaims any liability or responsibility arising from the use of information or data contained in the Site. Nimonik shall not be liable for any financial or other consequences whatsoever arising from the use of information or data contained in the Site, including the inappropriate, improper or fraudulent use of such information or data. Consultation of the Site shall automatically constitute full acceptance of this disclaimer of liability.
Nimonik accepts no responsibility for the content of other Internet sites to which its portal is or may be linked or to which reference is or may be made.
Proprietary Rights - Nimonik owns, solely and exclusively, or licenses all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Any content, code, data or materials the Users may access on or through the Site belonging to Nimonik is not granted to the Users.
Scope of Use. The Users are granted a non-exclusive, non-transferable, limited right to access and use the Site for information purposes. The User may only use the software and information on the site for the business activities of the User or Affiliates controlled by the User. "Controlled" means the legal or beneficial ownership of (a) fifty percent (50%) or more of the outstanding voting stock of a corporation, or (b) fifty percent (50%) or more of the equity of a limited liability company, partnership, or joint venture. The User and its affiliates must consider the Nimonik’s Licensed Content as confidential information and agree to protect the confidentiality of this information with at least the same degree of care that it utilizes with respect to its own similar proprietary information. The User and its affiliates cannot, (a) sell, rent, give or transfer all or any portion of Nimonik’s Licensed Content to another party for that party’s business use, or (b) post on the internet or via any means where all or any portion of Nimonik’s Licensed Content can be viewed by the public, or (c) use all or any portion of Nimonik’s Licensed Content in such a manner that the content’s use is or may potentially be in competition with Nimonik’s Licensed Content.
Links to Other websites – The Site users can access links to websites belonging to other companies or organizations. These links are provided as a courtesy for user convenience only. Nimonik in no way controls, endorses or guarantees the sites linked to this gateway and cannot be held responsible for their content or practices, particularly with respect to the protection of personal information and privacy.
Representations and warranties – Services provided by Nimonik in performance of the Agreement shall be rendered without any warranty, express or implied. Nimonik assumes no responsibility for the accuracy or reliability of any reproduction derived from the legal materials on the Site. The legal materials on the Site have been prepared for convenience of reference only and have no official sanction.
Site changes - Nimonik may from time to time change or add to the Site without notice. While Nimonik will do their best to provide the most accurate and up to date information on the site, Nimonik inc. is not liable to the user or anyone else if errors occur in the information in this database or if that information is not up-to-date.
Force Majeure - In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
Invoices and payment - Invoices are submitted prior to the beginning of service, and payment is net thirty (30) days of the invoice date. After thirty days, a fifteen (15) percent annual interest is applied to the invoiced amount. A failure to pay invoices after sixty (60) days will incur a cessation of access to the Site.
If the Client wishes to pay the invoiced amounts within ten (10) days of the submitted invoice, a two (2) percent discount will be applied to the total amount.
Refunds - Nimonik does not issue any refunds. You can cancel or downgrade your account at anytime and no charges will be applied.
Insurance - Nimonik carries Errors and Omissions insurance and Commercial General Liability Insurance, contact Nimonik representatives for details on coverage.
Publicity - Nimonik expressly authorizes the Client to publicly disclose and acknowledge that Nimonik is providing the Client with the services contracted to any interested party that the Client so chooses, and the Client expressly authorizes Nimonik to disclose and acknowledge that Nimonik is providing said services to the Client to other Nimonik clients or potential clients that express such an interest. The Client expressly authorizes Nimonik to reproduce its corporate logo on promotional material and Nimonik commits to using this logo in respect with all of the Client’s guidelines. Should the Client request that its name, brand, logo or its relationship with Nimonik not be publicly disclosed, the Client shall inform Nimonik and provide Nimonik with a sixty (60) day grace period to make appropriate adjustments.
Governing Law - This Agreement shall be governed by and interpreted according to the laws of the Province of Quebec, judicial district of Montreal, Canada.