This Acceptable Use Policy was last amended on April 29, 2016.
This acceptable use policy ("Acceptable Use Policy") is intended to ensure that the services (the "Services") of Chemscape Safety Technologies Inc. (hereinafter "Chemscape") operate efficiently and effectively for all users and without undue burden on Chemscape's software, equipment and infrastructure and to reduce the potential of liability for Chemscape and others.
THIS DOCUMENT IS THE ACCEPTABLE USE POLICY AND IT GOVERNS YOUR USE OF THE SERVICES PROVIDED BY CHEMSCAPE INC. BY USING ANY OF THOSE SERVICES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS ACCEPTABLE USE POLICY.
Chemscape may amend this Acceptable Use Policy and post a new Acceptable Use Policy in place of this one. Chemscape will notify you that the Acceptable Use Policy has been amended by posting notice of same on the sign-on page. The amended Acceptable Use Policy shall be effective on notification.
Chemscape reserves the right to monitor your use of the Services to ensure that the Acceptable Use Policy is being complied with.
You shall not in the course of using the Services:
- infringe or potentially infringe any intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
- participate in any activity which is harmful or potentially harmful to any individual including, without limitation, that which places any person's health or safety at risk;
- post, upload, reproduce, distribute or otherwise transmitting any data, information or computer code which constitutes a virus, trojan horse, worm, time bomb or other harmful, invasive or disruptive computer code or participate in any manner in any denial of service attack;
- place the integrity, operation or security of any computer system or network at risk or disrupt or threaten the integrity, operation or security of any computer system or network;
- violate any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to obscenity, indecency, defamation, export control, consumer protection, unfair competition, discrimination or false advertising;
- scan or probe any computer system or network, whether through automatic means or otherwise;
- obstruct or attempt to bypass any security system or method;
- be involved in any activity which creates liability or damage or potentially creates liability or damage to Chemscape or its computer systems, its service providers or its other Customers;
- deploy any spider, robot, software or other automatic means to search, monitor or interfere with the Service.
You agree not to cause any unreasonable burden or load on Chemscape' software, its computer systems or its Services.
It is a breach of the Acceptable Use Policy to:
- indirectly undertake any activity which breaches the Acceptable Use Policy; or
- directly or indirectly assist any other individual to carry on any activity which may breach the Acceptable Use Policy, including that which encourages, facilitates or promotes the same;
As well, it is a breach of the Acceptable Use Policy if anyone breaches any of the provisions of this Acceptable Use Policy while using the Services through your account, connection or computers, whether or not you were aware of such use and whether or not you authorized such use.
REMEDIES FOR BREACH
Chemscape is the sole party entitled to determine whether or not there has been a breach of the terms of this Acceptable Use Policy and such determination shall be final.
If the terms of the Acceptable Use Policy have been breached in any manner, Chemscape may, at its sole discretion and without notice to you, do any one or more of the following (a) restrict, suspend or terminate your use of any or all the Services, without any compensation, (b) block or filter content, data or other material transmitted through the Services, (c) delete any or all of your content, data or other materials from our computer systems, or (d) charge you with a reasonable investigation fee and disconnection fee.
The foregoing remedies are not a substitute for and shall not in any way limit Chemscape's other remedies that may be available at law.
On occasion you may be asked to install software and/or make changes to your computer settings to assist in the prevention of breaches of this Acceptable Use Policy. These required changes will be reasonable and will be without cost to you. However, the failure to implement such changes shall constitute a breach of this Acceptable Use Policy.
- Customer shall ensure that its computers, systems and connectivity are sufficient to run the msdsBinders System, that its Internet access is sufficient to enable it to download PDF documents, that its computers have software to view PDF documents and that said software is properly installed.
- Customer agrees to abide by this Chemscape Acceptable Use Policy, provided that in the event of a conflict between this Agreement and any such policy, the provisions in this Agreement shall govern. The Chemscape Acceptable Use Policy sets out certain procedures, processes and restrictions to be followed by Customer. Such procedures, processes and restrictions are intended to ensure that the msdsBinders System and the Services perform efficiently and effectively for all of Chemscape customers.
- In order to have an (M)SDS Document added to the msdsBinders System, Customer needs to provide an electronic copy of same to Chemscape. If an electronic copy is not available then a paper copy may be provided.
- It is Customer's responsibility to ensure that it forwards to Chemscape any updated (M)SDS Documents that it receives so that msdsBinders can add the same to the msdsBinders System. Chemscape is not responsible to independently identify whether or not there has been an update to any (M)SDS Document.
- Customer may not deliver any (M)SDS Document that has been stored in the msdsBinders System to any third party that provides any form of an (M)SDS Document management system.
MAINTENANCE AND SUPPORT
- During the Term, Chemscape shall provide Telephone Support. Only those employees of Customers who are familiar with the system requirements and the Documentation shall be entitled to make use of the telephone support. At Chemscape' option, the Customer shall designate one of its employees as the sole point of contact for all Telephone Support.
- If any support is required to be delivered other than from the offices of Chemscape, Customer shall pay the Onsite Support Fee (including travel time) and Chemscape’ reasonable travel, subsistence and other expenses where same have not already been provided by Customer.
Within thirty (30) days of each month end Chemscape shall submit an invoice for any onsite support and any expenses incurred. All invoices shall be accompanied by such personnel timesheets, vouchers, receipts and other materials as reasonably required by written notice by Customer. Customer shall pay the amount of said invoice within thirty (30) days of receipt thereof. Any payment or portion thereof due and not received by Chemscape within thirty (30) days after the applicable due date shall bear an additional charge of one and one-half percent (1.5%) per month (or the maximum rate permissible under applicable law, whichever is less) from the date due until the date such payment is actually received by Chemscape. Except as expressly provided herein, all Fees are non-refundable.
WARRANTIES AND LIABILITY
Chemscape does not warrant the accuracy of any (M)SDS Document and shall have no liability or obligation in the event of any error or omission in any (M)SDS Document. Further, Chemscape shall have no obligation or liability in the event of any damage, injury or death, whether to property or to person, which results from any reliance on any (M)SDS Document stored in the msdsBinders System or the failure of an (M)SDS Document to be in the msdsBinders System, whether caused by an act or omission of msdsBinders or otherwise.
- Chemscape does not represent or warrant that all errors in the msdsBinders System, the Services and Documentation can or will be corrected.
- Chemscape shall use commercially reasonable efforts to meet the Service Level Commitments but Chemscape’ obligations and liability in respect of same shall nonetheless in all circumstances and respects be subject to the limitations of warranty and liability provisions set out in this Agreement.
- EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN CHEMSCAPE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE MSDSBINDERS SYSTEM, THE SERVICES AND DOCUMENTATION, INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IN RESPECT OF THE MSDSBINDERS SYSTEM, THE SERVICES AND DOCUMENTATION AND NO AGENT OF LICENSOR IS AUTHORIZED TO ALTER THE SAME. ALL ALTERATIONS SHALL BE IN WRITING AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF CHEMSCAPE.
- UNDER NO CIRCUMSTANCES SHALL CHEMSCAPE BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR RELATED EXPENSES INCURRED BY CUSTOMER WHICH MAY ARISE OUT OF THE USE OR INABILITY TO USE THE MSDSBINDERS SYSTEM, THE SERVICES OR DOCUMENTATION, WHETHER OR NOT CHEMSCAPE WAS TOLD OF THE POSSIBILITY OF SUCH DAMAGE OR INJURY AND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM FAILURES OR DEFECTS IN THE MSDSBINDERS SYSTEM, THE SERVICES OR DOCUMENTATION, OR LOSS OR INACCURACY OF DATA OF ANY KIND.
- IN ALL OTHER CIRCUMSTANCES CHEMSCAPE'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT AND RELATED TO THE USE OF THE MSDSBINDERS SYSTEM AND THE SERVICES UNDER ANY AND ALL OTHER CIRCUMSTANCES, ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY CUSTOMER TO CHEMSCAPE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL ACT OR EVENT WHICH GAVE RISE TO SUCH LIABILITY.