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TERMS OF USE

 

Last updated: March 25, 2019

 

Your access to and use of this website www.nvtphybridge.com, and the products
and services available on this website, (the “Site) is subject to, and governed
by, the these Terms of Use (“Terms”), which shall constitute a legal agreement
between you (“You” or “Your”) and Phybridge Inc. and its affiliates
(collectively “NVT Phybridge”, “We”, “Us” and “Our”).

 

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.

 

 1. 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.
 2. 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.
 3. 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.

 

 * User Submissions. Other than personally identifiable information, which is
   covered under NVT Phybridge’s Privacy Policy, any material, information or
   other communication You transmit or post to the Site will be considered
   non-confidential and non-proprietary (“Communications”). NVT Phybridge will
   have no obligation with respect to the Communications. NVT Phybridge and its
   designees will be free to copy, disclose, distribute, incorporate and
   otherwise use the Communications and all data, images, videoes, sounds, text,
   and other things embodied therein for any and all commercial or
   non-commercial purposes.

 4. 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.

 

 5. 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.

 

 6. 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.

 

 8. 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.

 

 9. 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.

 

 10. 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.

 11. Your Privacy Your privacy is important to Us, and We take certain steps to
     ensure Your personally identifiable information is protected in compliance
     with applicable law. You hereby agree and accept the terms of our Privacy
     Policy or Cookie Policy, as may be amended from time to time.

 

 12. 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.

 13. 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.
 14. 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.
 15. 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.
 16. 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.
 17. 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.
 18. Entire Agreement. Except with respect to Our Privacy Policy or Cookie
     Policy, these Terms constitute the entire agreement between You and Us with
     respect to the Site and Your use thereof, and supersede all prior
     agreements, proposals, communications between You and Us and
     understandings, whether written or oral.

——————————————————–³³³³³——————————————————-


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