Last updated: February 3, 2020
1. ACCEPTANCE OF TERMS OF SERVICE
1.1. This is an agreement between Eddyfi NDT Inc. and its affiliates, doing business under the name Eddyfi/NDT, owner and operator of the website (the "Site"), and you, a user of the Site (“you” or a “User”).
1.2. By using the Site, including the services provided through the Site (the “Services”) you acknowledge and agree to these terms of service (the “Terms of Service”) and to Eddyfi/NDT , which is incorporated into these Terms of Service by reference. If you choose to not agree with either the Terms of Service or the Personal Information Protection Policy, you must refrain from using the Site.
By using the Site, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract.
2. CHANGES TO TERMS OF SERVICE
2.1. Right to Change Terms. Eddyfi/NDT reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms of Service”), from time to time.
2.2. Acceptance of Updated Terms of Service. Your use of the Site after the effective date of updated Terms of Service constitutes your agreement to these updated Terms of Service. You should review these Terms of Service and any Updated Terms of Service before using the Site.
2.3. Effective Date of Updated Terms of Service. The updated Terms of Service will be effective as of the time of posting of the Site or such later date as may be specified in the updated Terms of Service and will apply to your use of the Site from that point forward.
3. USE OF THE SITE
3.1. Features. The Site allows you to obtain various information about Eddyfi/NDT, including the products and services offered.
3.2. Access and Use. During the term of these Terms of Service, Eddyfi/NDT allows you to use the Site for personal and non-commercial purposes and grants you a limited, non-exclusive, non-transferable right to access and use the Site in accordance with the Terms of Service (“Authorized Purposes”).
3.3. Restricted Access and Use. You are not authorized to change, adapt, rearrange, reformulate, or decrypt the content of this site, in any way whatsoever.
3.4. User Conduct. You may not engage in any of the following prohibited activities:
3.4.1. using the Site for purposes other than the Authorized Purposes;
3.4.2. copying, distributing, or disclosing any part of the Site in any medium, including by any automated or non-automated web scraping tools or technique;
3.4.3. using any automated system, including "robots," "spiders," and "offline readers", to access the Site;
3.4.4. transmitting, via the Site, spam, chain letters, or other unsolicited emails;
3.4.5. attempting to interfere with the servers running the Site, compromise their system integrity or security, or decipher any transmissions to or from them;
3.4.6. taking any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Site infrastructure;
3.4.7. uploading invalid data, viruses, worms, or other malware through the Site;
3.4.8. collecting, extracting or harvesting any personally identifiable information, including account names, from the Site;
3.4.9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
3.4.10. interfering with the proper working of the Site;
3.4.11. accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
3.4.12. bypassing the measures that Eddyfi/NDT may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content therein; or
3.4.13. otherwise using the Site in contravention of any applicable law.
3.5. Investigations and Prosecutions. Eddyfi/NDT reserves the right to investigate any breach of these Terms of Service and to take appropriate remedies to the fullest extent permitted by law.
4. ELECTRONIC COMMUNICATIONS
When you provide Eddyfi/NDT with your email address through the Site, you expressly agree that Eddyfi/NDT will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you to (i) conduct surveys or verifications concerning the Site, in particular on its functionalities, its usability, and your appreciation of it, (ii) to share with you information and news about Eddyfi/NDT, or (iii) for any other reason relating to the Site, Services or User safety.
5. INTELLECTUAL PROPERTY
5.1. Trademarks. You must obtain written consent from Eddyfi/NDT before using, reproducing or imitating, in whole or in part, any Eddyfi/NDT trademarks, including without limitation these .
5.2. Third-party Trademarks. Other trade names and trademarks present on the Site appear with the permission of their respective owners, or in accordance with applicable law. Unless otherwise noted, by using a third-party trademark or trade name on this site, Eddyfi/NDT does not intend to suggest any affiliation with or endorsement of such a third party or its products or services, and Eddyfi/NDT hereby expressly disclaim any such affiliation or endorsement.
5.3. Copyright. All original works reproduced or published on the Site are protected by copyright. The materials contained or accessible through this Site (including, without limitation, all digital images, products, and services offered by Eddyfi/NDT) shall not be used, redistributed, broadcast, published, copied to any other media, or reproduced for any purpose other than for personal, educational, and non-commercial purposes without the prior written consent of Eddyfi/NDT. These materials must not be altered, distorted, or used in any way that is detrimental to Eddyfi/NDT's image or reputation.
5.4. Other Rights. This Site or any part thereof may also be protected by industrial designs or patents. Eddyfi/NDT reserves all rights to the Site not expressly granted. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted.
5.5. Feedback. Eddyfi/NDT is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Site or any other Eddyfi/NDT product or service ("Feedback"), without compensation or attribution to the User or to any person behind this Feedback.
5.6. No Warranty. Eddyfi/NDT does not represent or warrant that such materials do not infringe the rights of others.
5.7. No License. Nothing contained herein shall be construed as granting, explicitly or implicitly, any license or other right to use these materials other than in accordance with the terms contained herein.
6. CONFIDENTIAL INFORMATION
6.1. Definition. For the purposes of this Section 6, « Confidential Information » means any material, non-public, Eddyfi/NDTs-related (including any trade secret) information, whether written or oral, whether or not it is marked as confidential.
6.2. Obligation of Confidentiality. The User must keep confidential all Confidential Information of Eddyfi/NDT that Eddyfi/NDT has disclosed to him or made available to him, directly or indirectly, by any means of communication or observation.
6.3. Limited Uses. The User may only use the Confidential Information for the purpose of using the Site.
6.4. Non-disclosure. The User may not disclose Confidential Information to a third party, except to the extent that such disclosure:
6.4.1. is permitted by these Terms of Service;
6.4.2. has previously been the object of a signed written consent from Eddyfi/NDT; or
6.4.3. is required by law.
6.5. Notice. The User must notify Eddyfi/NDT promptly and in a timely manner if the User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.
7. LINKS TO EDDYFI/NDT SITE
In the event that you wish to link or republish a document posted on the Site, you shall do so by posting a link to the Site in accordance with the terms of this section. Unless otherwise set forth in a written agreement between you and Eddyfi/NDT, you agree that such links shall be in accordance with the following:
a. The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated to, or associated with Eddyfi/NDTs unless you actually are and, in such an event, the appearance, position, and other attributes of the link must not confuse users as to your actual relationship with Eddyfi/NDT;
b. The link, when clicked on by a user, must display the Site on its own and not within a frame on the linking website; and
c. Eddyfi/NDT reserves the right to request the removing or modifying the link at any time and at its sole discretion.
The Site may contain hyperlinks to external Internet sites that remove you from the Site (the "External Sites"). You acknowledge and agree that Eddyfi/NDT is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Eddyfi/NDT of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Site, you expressly release Eddyfi/NDT from any liability arising from your use of any External Site.
The Site and all the information it contains are provided to you “as is” and “as available” without any kind, expressed or implied, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by applicable law, Eddyfi /NDT disclaims all warranties, express or implied, including warranties of non-infringement, accuracy, absence of error or accuracy of content. Eddyfi/NDT may update the Site without prior notice to the User. Although Eddyfi/NDT does everything in its power to ensure that the information presented on the Site is complete and accurate, Eddyfi/NDT cannot guarantee that such information is free of errors, omissions and inaccuracies.
10. LIMITATION OF LIABILITY
You acknowledge and agree that you assume all risk arising from your access to or use of the Site, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Eddyfi/NDT, its affiliates, directors, employees, agents, licensors or successors and assigns, shall in no event be liable for damages of any kind, including without limitation loss of use, loss of profits or loss of data, whether in contract or tort proceedings, or otherwise, resulting directly or indirectly from the use or performance of the Site, including any damage caused by or resulting from the User's reliance on any information obtained by the Site, or resulting from an error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in execution.
By using the Site, you agree to defend, indemnify and hold harmless Eddyfi/NDT, its subsidiaries and related companies, and their respective officers, agents, directors, employees, licensors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Site, or your violation of the Terms of Service or the rights of third parties. Eddyfi/NDT may assume the exclusive defense and control of any matter for which you have agreed to indemnify Eddyfi/NDT and you agree to assist and cooperate with Eddyfi/NDT in the defense or settlement of any such matters.
12.1. Termination by Eddyfi/NDT. Eddyfi/NDT may terminate or suspend your access to or ability to use the Site and of the Services immediately, without prior notice or liability, for any reason or no reason, including breach of those Terms of Service.
12.2. Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
12.3. Survival of Provisions. These Terms of Service's provisions that by their nature should survive termination shall survive termination, including provisions on intellectual property, warranty disclaimers, and limitations of liability, indemnification. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Eddyfi/NDT or any third party.
13.1. Applicable laws. The present Terms of Service are governed by and shall be construed in accordance with the laws of the Province of Québec without giving effect to any principles of conflicts of law. The parties have designated the District of Québec, Province of Québec, as the jurisdiction for any litigation arising in connection herewith.
13.2. Entire agreement. These Terms of Service, with the Protection of Personal Information Policy, constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be modified except in a writing signed by both parties or by Eddyfi/NDT in accordance with the provisions hereof.
13.3. Assignment. You may not assign or transfer these Terms of Service and the Personal Information Protection Policy or any other right or obligation relating thereto.
13.4. Waiver. The negligence or delay by Eddyfi/NDT to exercise a right, recourse, power or privilege in accordance with the Terms of Service does not constitute a waiver of such rights, recourses, powers or privileges. To be valid, a waiver must be made in writing and must be signed by Eddyfi/NDT. A written waiver to a default cannot be interpreted as constituting a waiver to any other default or default of the same nature which may occur in the future.
13.5. Invalidity or Unenforceability. Even if one or more provisions of these Terms of Service or the Personal Information Protection Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Service or the Personal Information Protection Policy; such Terms of Service or the Personal Information Protection Policy shall then be interpreted as if the invalid or unenforceable provision had never been a part of these Terms of Service or the Personal Information Protection Policy.
14. CONTACT US
14.1. Eddyfi/NDT appreciates your comments, questions and feedback, which may be sent to [email protected]