This edited online database (the “Site”) is intended solely to give users convenient access to information regarding environmental legislation in Canada. All data and information contained in this Site have, in the opinion of Nimonik inc. ("Nimonik"), been obtained from sources believed to be reliable. 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 this database without seeking professional legal consultation.
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Audit Template User Terms and Conditions of Use Agreement for Conformance Check inc. Audit Protocols
YOU, the user and licensee of this Audit Template, must agree to this entire agreement between you and Conformance Check Inc. a Canadian corporation (Conformance Check) to use this Audit Template.
This Audit Template for use in Nimonik Inc. (Nimonik) “NimonikApp” and “Nimonik Audit” apps contains “Licensed Content” owned by Conformance Check. Licensed Content is the questions, notes, cataloguing information or other content developed by Conformance Check. Licensed Content does not include legislation or documents that the Licensed Content may reference.
Conformance Check makes a best effort attempt to provide timely and accurate Licensed Content for this Audit Template. REGARDLESS, YOU AGREE THAT CONFORMANCE CHECK WILL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS OF ANY NATURE IN THE CONTENT OR USE OF THIS AUDIT TEMPLATE. The audit template is thereby provided "as is" without warranty of any kind and Conformance Check hereby disclaims all warranties, whether express or implied, oral or written, with respect to the Licensed Content including, without limitation, all implied warranties of merchantability, fitness for any particular purpose. You acknowledge that the maximum damages payable by Conformance Check on any claim relating to the Licensed Content shall be limited to the fees paid by you, the licensee. In no event shall Conformance Check be liable for any loss of data, profits or use of the products, or for any special, incidental, indirect or consequential damages arising out of or in connection with the use or performance of the Licensed Content.
Scope of Use. Licensee may only use this Audit Template with Nimonik’s “NimonikApp and Nimonik Audit” software for the business activities of the Licensee or Affiliates controlled by the Licensee. "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 Licensee and its affiliates must consider the Conformance Check’s Licensed Content as confidential information and agree to protect the confidentiality of the confidential information with at least the same degree of care that it utilizes with respect to its own similar proprietary information. The Licensee and its affiliates cannot, (a) sell, rent, give or transfer all or any portion of Conformance Check’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 Conformance Check’s Licensed Content can be viewed by the public, or (c) use all or any portion of Conformance Check’s Licensed Content in such a manner that the content’s use is or may potentially be in competition with Conformance Check’s Licensed Content.
Because the unauthorized use, transfer or dissemination of Licensed Content may diminish substantially the value of such materials and may irreparably harm Conformance Check, if the Licensee intentionally breaches the “Scope of Use” paragraph of this agreement, Conformance Check shall, without limiting its other rights or remedies, be entitled to equitable relief, including but not limited to injunctive relief.
Infringement Indemnification Conformance Check shall defend and indemnify Licensee from and against any damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any claim that the Licensed Content infringes a valid patent, copyright or other intellectual property right in the Territory or misappropriates a trade secret of a third party, provided that (i) Licensee shall have promptly provided Conformance Check written notice thereof and reasonable cooperation, information, and assistance in connection therewith, and (ii) Conformance Check shall have sole control and authority with respect to the defense, settlement, or compromise thereof. Should any Licensed Content become or, in Conformance Check's opinion, be likely to become the subject of an injunction preventing its use as contemplated herein, Conformance Check may, at its option, (1) procure for the Licensee the right to continue using such Licensed Software, (2) replace or modify such Licensed Content so that it becomes non-infringing, or, if (1) and (2) are not reasonably available to Conformance Check, then (3) terminate Licensee's license to the allegedly infringing Licensed Software or Licensed Content. In case of such termination, Licensee shall be entitled to claim the value of the license fees paid for the specific infringing software or content.
Any notice or communication to Conformance Check shall be in writing and sent by email to the address EULA@conformancecheck.com.
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.
Waiver. The waiver by either party of a breach or a default of any provision of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
No Agency; Independent Contractors. Nothing contained in this Agreement shall be deemed to imply or constitute that either party is the agent or representative of the other party, or that both parties are joint ventures or partners for any purpose.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to its choice of law provisions.
Entire Agreement; Amendment. This Agreement constitute the entire agreement between the parties with regard to the subject matter hereof. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given.
Costs, Expenses and Attorneys' Fees. If either party commences any action or proceeding against the other party to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party the actual costs, expenses and reasonable attorneys' fees (including all related costs and expenses), incurred by such prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be enforced to the maximum extent possible, and the remaining provisions of this Agreement shall remain in full force and effect.
Language. The parties acknowledge that they have requested and consented that this Agreement and all related accessories be in the English language, unless expressly stated otherwise.
Headings. Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.
Assignment. This Agreement nor any part of this Agreement shall be assigned or otherwise transferred by Licensee without the prior written consent of Conformance Check, which consent will not be unreasonably withheld.
We respect your privacy. We will not misuse, sell, or exploit any information provided to us. All of your information provided to us is for the express purpose of billing or rendering the NimonikApp service. By supplying such information, we will retain only the information needed to offer you access to relevant information in your industrial sector, legal jurisdiction, and areas of interest. We may also collect infomration relevant to invoicing and billing. Any information provided to us will not be shared with any other company or 3rd Party.
Nimonik staff and contractors will not access your corporate information unless given explicit permission by an authorized person at your organization. This permission may be granted to help train or debug your account. The access granted by you to Nimonik may be revoked at any time.
We protect the security of your personal information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you transmit. For full security details on our web service, please download the PDF document found here: http://nimonik.com/security.pdf
We value your continued business and will be happy to answer any and all of your questions. You can reach us by phone at 808-608-7511, or via email at email@example.com
Standard mail at Nimonik inc., 5605 ave de Gaspé, suite 204, Montréal, QC, Canada H2T 2A4