1. Parties This Terms of Use Agreement ("Agreement") is entered into by and between Norgress Technologies Corp. ("Norgress") and its affiliates (collectively, "we" or "us") and any users or entities who access or use any website or application that links to this Agreement pursuant to our authorization (collectively, the "Site").

2. Acceptance of Terms By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement (the "Terms")

3. Amendments to the Terms We reserve the right to amend these Terms at any time without prior notice. We encourage you to review the Terms periodically for any updates or changes. The latest update to these Terms was made on 12/01/2019.

4.1 Ownership of Site Content 

All content and functionality on the Site, including but not limited to text, graphics, logos, icons, images, videos, and the selection and arrangement thereof, as well as any concepts, know-how, tools, frameworks, software, applications, algorithms, models, processes, and industry perspectives underlying or embedded therein (collectively, the "Site Content"), is the exclusive property of Norgress or its licensors. The Site Content is protected by Canadian and international copyright laws to the extent applicable.

4.2 Restrictions on Use

The Site Content and functionality may not be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends), uploaded, published, posted, transmitted, or distributed in any form or by any means without the prior written permission of Norgress.

4.3 Claims of Copyright Infringement

Pursuant to the Copyright Act of Canada, if you believe in good faith that any content on the Site infringes your copyright, you may submit a notice requesting that the content be removed. Your notice must include the following information:

a) Your name, address, telephone number, and email address (if available), to allow us to contact you or your agent;

b) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

c) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; along with information reasonably sufficient to permit us to locate the material;

d) Your physical or electronic signature;

Notices should be sent to legal@norgress.com. We recommend consulting with a legal advisor before submitting a notice to ensure the accuracy of your claim.

5. Trademarks 

The Norgress name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Norgress or its affiliates or licensors. You may not use such marks without the prior written permission of Norgress. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

6.1 User Conduct / Permitted Use The Site 

The Site is for your personal and non-commercial use only. You may view, print, redistribute and/or download portions of the Site Content temporarily for personal, informational, educational, non-commercial purposes only, provided that you keep all copyright and other proprietary notices intact.

6.2 Prohibited Conduct

You agree not to:

• Use the Site or any Site Content for any illegal purpose or in violation of any applicable laws or regulations

• Interfere with or disrupt the Site or servers or networks connected to the Site

• Attempt to gain unauthorized access to the Site, its systems, servers, or networks

• Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site or Site Content without express written consent

• Remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site

• Frame or mirror any part of the Site without express prior written consent

• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof

• Use any robot, spider, scraper or other automated means to access the Site

• Transmit any viruses, worms, defects, Trojan horses or other items of a destructive or malicious nature

• Act in a manner that negatively affects other users' ability to use the Site

7.1 Account Certain Features 

Some features of the Site may require you to register and create an account. You are responsible for maintaining the confidentiality of any login credentials associated with your account. You are fully responsible for all activities that occur under your account. We reserve the right to terminate your account at any time, for any reason, without prior notice.

8.1 Third Party Content 

The Site may contain links to third-party websites, applications, products or services. Norgress does not endorse or accept responsibility for the content, terms of use, or privacy policies of such third-party sites or services. Access to any third-party site is at your own risk.

9.1 Disclaimer of Warranties 

THE SITE AND ALL SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NORGRESS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND SITE CONTENT.

NORGRESS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.1 Limitation of Liability

IN NO EVENT SHALL NORGRESS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR ACCOUNT INFORMATION, EVEN IF NORGRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Indemnification 

You agree to indemnify, defend and hold harmless Norgress, its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement or violation of any intellectual property or other right of any person or entity.

11. Termination 

Norgress may terminate or suspend your access to the Site at any time, with or without cause, with or without notice. Upon termination, your right to use the Site will immediately cease.

12. Governing Law 

These Terms and your use of the Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction of the courts of Alberta.

13. General 

These Terms constitute the entire agreement between you and Norgress relating to the subject matter herein. Any failure by Norgress to exercise or enforce any right or provision of these Terms shall not operate as a waiver. If any provision is unlawful, void or unenforceable, that provision is deemed severable and shall not affect the validity and enforceability of the remaining provisions. The section titles are for convenience only and have no direct legal effect.

By using the Site, you represent that you have read and agree to be bound by these Terms. If you do not agree, you may not access or use the Site.