CAPCCAT Website Terms of User Agreement

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF GlobalTox International Consultants Inc. ("GlobalTox"), AND ARE LEGALLY BINDING ON YOU. PLEASE READ THEM VERY CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. As used in the Terms, the terms "you" and "your" refer to you as a user of this Site and where you are an employee, they refer to both you and your company, or to you as a user of information provided by GlobalTox.

The Terms of this agreement will not apply to you until such time as you have accepted the Terms of this agreement by marking your acceptance as indicated on the Site and only upon GlobalTox receiving the full payment required for the activation of your account, as described on the Site. GlobalTox reserves the right to terminate this agreement at any time should such payment not be made within ten (10) days of your receipt of notice that such payment is due.

Use of Copyrighted Materials/General Use Restrictions

All information, documents, products, software, services and demonstrations provided on this Site, including trademarks, logos, graphics, icons and images (the "Materials") are copyrighted materials owned by or licensed to GlobalTox.

GlobalTox grants you the limited right to display the Materials only on your personal computer and to copy, download, the Materials on this Site, provided that: (1) both the GlobalTox copyright notice (set forth below) and this permission notice appear in the Materials so displayed or copied, (2) such display or copy is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any copied and printed Materials.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of GlobalTox.

Third Party Content

Certain information and content may be provided by third parties to GlobalTox ("Third Party Content"). The Third Party Content is, in each case, the property of the creator/owner. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. You further agree that GlobalTox (1) has no control over such Third Party Content, (2) is not responsible for the availability of such Third Party Content, and (3) is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such Third Party Content.

No Framing

You agree not to "frame" or "mirror" any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of GlobalTox or its licensors, respectively.

Restricted Areas of the Site

Certain areas of the Site are password restricted to authorized users or require you to provide personal information ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees' passwords and account information, if any, and agree to notify GlobalTox if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify GlobalTox of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You shall not allow anyone who is not an authorized user under your subscription agreement to have access to the Site via your password and user ID.

Software

By accepting the Terms of the Agreement, GlobalTox shall grant to you a non-exclusive, non-transferable limited license to use the web-based software titled, CAPCCAT (the “Software”) for as long as you are a registered subscriber of the Software for use on this Site, and as otherwise described in this Agreement. You shall not be granted a copy of the Software nor have access to any of the source or object code, but shall only have access to the application as run by the Software via a user interface as viewed on your web-browser. The Software shall function properly only when used in the manner as specifically described on the Site. In order for the Software to work as specified in this Agreement and on the Site, it shall require you to input data, and any product generated by the Software shall only be as accurate as the data you have supplied.

The Software shall require the following minimum requirements on your computer system(s) to function properly:

Internet web-browser capabilities such as:

PC: Internet Explorer 6.0, Internet Explorer 7.0, Firefox 2.0
MAC: Safari 2.0, Firefox 2.0

Support Service of the Site and Software
(Phone) 519-766-1000 or (Toll Free) 1-800-668-4774

Personal Data

You acknowledge that in order to use the Software you shall supply to GlobalTox certain private information regarding you and your business. You do hereby acknowledge having read GlobalTox’s privacy policy statement which is located on this website and do hereby agree to GlobalTox’s use of your personal data as described therein and which is subject to the further protection of your confidential information as described below. Your private information that you provide to GlobalTox while using this Site shall be used for the creation of a user account for you and in regard to any billing information that may be required by GlobalTox, in addition to the creation of cookies for the more efficient use of the Site.

Confidential Information

Confidential Business Information (“CBI”) is of grave concern to all of our clients. As such, all information that is entered into this Site using the Software and that is stored within the Site or that is sent to GlobalTox will be maintained in the strictest confidence and will be considered to be CBI. The Software uses various secure systems to protect your CBI. Your login information is password protected and all passwords are encrypted. The transmission of your CBI is encrypted. Our servers used to store your CBI are located in a secured, monitored facility. GlobalTox will not have access to your CBI except where you expressly give GlobalTox permission and access.

In relation to your use of the Site, it may be necessary or desirable for you to provide GlobalTox with, or give GlobalTox access to technical and financial data or other proprietary and/or confidential information, materials and/or products (hereinafter severally and collectively referred to as "Proprietary Information") relating your business and the business of your clients. As such, GlobalTox makes the following promises to you:

GlobalTox understands and acknowledges that such Proprietary Information has been developed by your company through the expenditure of substantial time and money, that your company desires to retain this Proprietary Information in trust and confidence and withhold access thereto from third parties, and that the commitments set forth herein are a condition of your company’s agreement to use this Site and/or disclose Proprietary Information to GlobalTox in conjunction with the use of the Software.
GlobalTox agrees:

(i) to use all diligent efforts to keep Proprietary Information confidential, and

(ii) that Proprietary Information will not, except as specifically authorised in writing by your company;
(a) be communicated to any third party, save and except an employee of GlobalTox who reasonably requires access thereto and has undertaken an obligation of confidentiality with respect to the trade secrets of others entrusted to him/her except by operation of law or an order of a court of competent jurisdiction, the notice of which GlobalTox shall immediately notify you; or
(b) be utilised for the benefit of anyone other than your company.
GlobalTox agrees that none of the Proprietary Information GlobalTox receives hereunder will be copied, reproduced or duplicated in any manner without express written permission from your company, except where GlobalTox is required to make a backup copy of such information in order to protect the integrity of the information and to ensure that no information is lost, and for no other reason whatsoever. All such backup copies will be deleted when no longer needed. Upon request by your company, or at any time after the termination of this agreement, at GlobalTox’s discretion, GlobalTox will promptly delete all Proprietary Information, together with all copies thereof, in its possession.
GlobalTox shall be under no obligation to keep confidential Proprietary Information if and to the extent that such Proprietary Information:

(a) was already known to GlobalTox at the time of receipt thereof from your company as shown by documents in GlobalTox's possession;

(b) was disclosed to GlobalTox by a third party having the right to disclose same, and when such disclosure is not the result of a breach of these provisions by GlobalTox; or

(c) either had been published or otherwise made available to the public at the time of its receipt by GlobalTox from your company or subsequently became published or available to the public other than by a breach of these provisions but in such event only as of said subsequent date.
GlobalTox assumes liability for damages arising from the unauthorised use or disclosure of the Proprietary Information by employees of, or employees who subsequent to the date of first disclosure of the Proprietary Information become former employees of GlobalTox, and the provisions of Limitation of Liability section below do not apply where such damages are foreseeable.
This agreement shall remain in effect for the duration of the period of five (5) years from the date of disclosure of the Proprietary Information.
Disclosure of the Proprietary Information by your company to GlobalTox shall not result in any obligation on the part of either party to enter into any future agreement relating to such information or to undertake any other obligation not set forth in a written agreement signed by both parties.

Unauthorized Activities

You acknowledge that any unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations or/and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold GlobalTox entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by GlobalTox in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

User Conduct

Your use of this Site is subject to any and all local, provincial/state, national and foreign laws, treatises and regulations that may apply. You agree to abide by all such applicable local, provincial/state, national and foreign laws, treatises and regulations in connection with the Site and the use of any applicable digital certificate security procedures by which you are bound. In addition, without limitation, you agree not to: (1) use the Site without first completely assessing the risks and nature of the information that it contains or makes available; (2) use information from the Site in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) use the Site to secure or, transmit through, or post on the Site, unlawful, restricted or prohibited materials.

Your Responsibility for Evaluating the Materials

You agree to assume full responsibility for the evaluation of any content, opinion, information, advice, representation, assurance report or statement contained in the Materials or otherwise available from this Site; nothing on this Site will serve as a substitute for appropriate professional consultation as to legal, insurance, accounting, security, medical, or other professional opinions.

Submissions

If, at any time, GlobalTox provides a means for you to submit information and material to the Site in the form of chat rooms, threaded discussions, uploads, bulletin board postings or otherwise (each a "Submission"), you acknowledge that you are responsible for each of your Submissions, and that you, and not GlobalTox, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to hold GlobalTox entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by GlobalTox in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

Comments and Feedback

GlobalTox welcomes your comments, feedback, questions, requests for information or other communications such as via telephone, email, facsimile or/and regular mail communications, regarding our Site, products, services or otherwise (each a "Communication").

Trademarks

The Materials contain trademarks, service marks and trade names that are owned by us or our affiliates, and may also contain brand and product names that are trademarks, service marks or trade names of third parties which are owned by their respective owners. GlobalTox is a common law trademark of GlobalTox and the GlobalTox logo (TMA458277 and US1924212) is the registered trademark of 1035942 ONTARIO INC. in Canada and the United States. All other marks, names, and logos mentioned herein are the property of their respective owners.

Copyrights and Copyright Agents

All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of GlobalTox, Copyright © 2007 GlobalTox International Consultants Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by GlobalTox, and agree that GlobalTox does not warrant the accuracy, timeliness or reliability of the Materials or the Third Party Content, and further agree that GlobalTox has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by GlobalTox or its licensors.

You further acknowledge that the information that is generated by your use of the Software on the Site (the “Information”) is only a tool that is to be used by you for information purposes and that GlobalTox cannot state unequivocally that the Information contained will meet any of your expectations or will be usable by you in a manner that you may expect. Furthermore, GlobalTox relies both on the reliability of the information that you provide to GlobalTox and information that is supplied to GlobalTox by third party organizations. GlobalTox does not independently verify any of the information that is received by it and does not provide a warranty in respect the underlying information is incorrect and GlobalTox expressly disclaims any liability for your or a third parties' use of or reliance on such Information. GlobalTox does warrant that the Information generated will be accurate based on the information that GlobalTox has available to it at that time.

GlobalTox, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR GENERATED BY THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THIRD PARTY CONTENT AND INFORMATION SUPPLIED BY OTHER THIRD PARTIES TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND THE SOFTWARE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

GlobalTox DOES NOT REPRESENT OR WARRANT THAT: (1) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (2) THE SITE AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) ERRORS OR DEFECTS WILL BE CORRECTED; OR (4) THE SITE, REPORT OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GlobalTox SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE SOFTWARE OR DISPLAYING OR COPYING OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THIRD PARTY CONTENT, YOUR MISUSE OF THE SITE, OR IN RELATION TO YOUR SUBMISSIONS, FEEDBACK OR COMMENTS, AND IN YOUR USE OF ANY INFORMATION GENERATED BY GlobalTox BY YOUR USE OF THIS SITE. IN NO EVENT SHALL GlobalTox BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT BREACH OR IN TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR SOFTWARE, MATERIALS MADE AVAILABLE THROUGH THE SITE OR THE TERMS (INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE), EVEN IF GlobalTox HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH USAGE. IN NO EVENT SHALL GlobalTox 'S AGGREGATE LIABILITY EXCEED THE GREATER OF EITHER ONE HUNDRED CANADIAN DOLLARS ($100.00 CDN) OR THE FEES PAID BY YOU TO GlobalTox FOR THE USE OF THIS SITE.

Additional Rights

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Sole Remedy

If you are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using it.

Indemnity

You agree to indemnify, defend and hold GlobalTox and its officers, directors, agents, employees and affiliates harmless from and against any and all costs, damages, claims, losses, demands, liabilities, and expenses (including, without limitation, attorney's fees and other professional fees) (collectively, "Claim") arising out of or incurred in connection with (1) your use or misuse of the Site, Materials or Third Party Content; (2) your breach of any of the Terms; (3) your Submissions or Communications or otherwise provided to GlobalTox or the Site; (3) your use of or participation in any of the Restricted Areas, or the use of or participation in any of the Restricted Areas by any person using your screen name and/or password (including without limitation your participation in any discussion area(s), your Submissions and your Communications), violates any applicable law or regulation, or the rights of any third party; (4) your infringement or violation of any intellectual property rights.

Local Laws; Export Control

GlobalTox controls and operates this Site from its headquarters in Canada and makes no representation that the Materials or Third Party Content are appropriate or will be available for use in other locations. If you use this Site from outside Canada or the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.

You acknowledge and agree that the Materials and the Third Party Content are subject to the Canadian and U.S. Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to Canadian and U.S. law is prohibited. You agree that none of the Materials or the Third Party Content, nor any product or services acquired through the use of the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the Canadian and U.S. Government for such purposes. You agree to comply strictly with all Canadian and U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Modification to Products/Terms

You agree that GlobalTox and its licensors may make changes in the products, services, programs, and prices described in or offered on this Site, if any, at any time without notice, and further agree that GlobalTox can revise these Terms at any time and shall notify you by posting an updated version of the Terms on the Site. You are responsible for regularly reviewing the Terms. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

General

GlobalTox does not monitor your data or transmissions, although GlobalTox does actively monitor accounts for system utilization. However, you agree that, in GlobalTox 's efforts to promote good citizenship within the Internet community, if GlobalTox becomes aware of inappropriate use of the Site or any GlobalTox service, GlobalTox may respond. You acknowledge that GlobalTox will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, GlobalTox will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, GlobalTox reserves the right to terminate your use of the Site and Software and provision of the Materials and Third Party Content to you without notice. GlobalTox 's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.

Any action related to these Terms will be governed by Ontario law and controlling Canadian and U.S. federal law, as applicable, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to exclusively and irrevocably submit to the jurisdiction and venue of the Superior or federal courts, as applicable, located in Ontario, for the resolution of all disputes arising from or related to the Terms and/or your use of the Site.

No joint venture, partnership, employment, or agency relationship exists between GlobalTox and you as a result of the Terms or use of this Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of GlobalTox to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GlobalTox in writing. The Terms comprises the entire agreement between you and GlobalTox and supersedes all prior or contemporaneous negotiations, discussions, communications, understandings or agreements, if any, between the parties regarding the subject matter contained herein. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms unless expressly agreed to in a signed written or signed electronic agreement between GlobalTox and you.

The Terms of this Agreement shall prevail between any discrepancy in the Terms of this Agreement and any terms or information described or located on the Site.

Contact Us:
info@CAPCCAT.com
Phone: (519)766-1000 Toll free: 1(800)668-4774 Fax: (519)766-1100

Information

If you choose to identify yourself by sending us an email or completing an online form, GlobalTox will have access to such information in order to contact you for direct marketing purposes. Information submitted by you, such as survey information and/or comments or feedback, may be stored and is used only for internal purposes and is not shared with people or organizations outside of GlobalTox.

Links

This site may contain links to other sites not owned or managed by GlobalTox. GlobalTox is not responsible for the privacy practices of such websites.

The above policies are effective as of March 26, 2007. GlobalTox reserves the right to change this policy at any time.

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