Last updated: June 13, 2017.
PLEASE READ CAREFULLY THIS ACCESS AND USE AGREEMENT (THIS “AGREEMENT”) BEFORE ACCESSING OR OTHERWISE USING ANY OF THE SERVICES (AS DEFINED BELOW) MADE AVAILABLE THROUGH NFORM.ONLINE OR ANY AFFILIATED WEBSITE.
By using the nform.online website (“Service”), service of nForm Solutions Inc. (“nForm”), you hereby agree to be bound by the following terms and conditions (“Terms of Service”).
Modification of Terms of Service
nForm reserves the right to update and effect changes to the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. nForm may amend these Terms of Service at any time by posting a revised version on its website. The revised version will be effective at the time it is posted.
Violation of any of the terms of this Agreement will result in the termination of your Account. While nForm prohibits such conduct and Information on the Service, you understand and agree that nForm cannot be responsible for the Information posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide a valid email address, and any other information requested in order to complete the signup process.
Each user of nForm must have his own login ID and may be linked to a corporate account. Users are not allowed to share login IDs. You are responsible for maintaining the security of your account and password and accept updates. nForm cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all data, personal and corporate information and files (“Information”) posted in your account and activity that occurs under your account. All master corporate account Administrators are responsible for Information and activities within their account and within the accounts linked to their corporate accounts.
You may not use the Service for any unauthorized purpose. You must not use the Service in a way that it would violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
You may not use the Service to send unsolicited emails or other communication to individuals or businesses. You must not transmit any code of a destructive or insidious nature.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card acceptable to nForm is required for paying accounts.
If you sign up for a monthly plan, your subscription will renew and your account will be billed again every 30 days starting on the first 30-day-anniversary of your subscription. If you cancel your subscription, you will not be billed anymore and your subscription will expire 30 days after your last payment. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund.
If you sign up for a semi-annual plan, and you don’t cancel that account, your subscription will renew and you will be billed Bi-Annually starting on the 182nd day after your subscription was initially created. If you cancel your subscription, you will not be billed anymore and your subscription will expire 182 days after your last payment. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund.
If you sign up for an annual plan, and you don’t cancel that account, your subscription will renew and you will be billed Annually starting on the 365th day after your subscription was initially created. If you cancel your subscription, you will not be billed anymore and your subscription will expire 365 days after your last payment. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund.
If you purchase points on an auto-renew plan, and you don’t cancel that account, your subscription will renew and you will be billed automatically with the same number of points when your points are depleted. If you cancel your subscription, you will not be billed anymore and your subscription will expire when all your points are depleted. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund. Refunds on point packages are calculated using the point package pricing per point corresponding to the closest but lesser number of used points.
If you purchase points without an auto-renew plan, and you don’t cancel that account, you will not be billed anymore and your subscription will expire when all your points are depleted. We will then contact your account Administrator to propose a renewal. If you cancel and request a refund, your subscription will expire immediately upon the granting of the refund. Refunds on point packages are calculated using the point package pricing per point corresponding to the closest but lesser number of used points.
If you purchase a single-use action, you will not be billed anymore and no subscription will be created.
The Service plans are billed in advance on a monthly, semi-annual, annual or as required basis depending on the plan that you have signed up for. We do offer a 100% Money Back Guarantee for customers that are dissatisfied and are looking to cancel the Service and that ask for a refund 30 days or less from the date of the start of their subscription. In order to receive a refund for your subscription, please contact us.
All fees are exclusive of all taxes or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes or duties.
For any upgrade in a subscription plan, you will be charged the new subscription price and then credited a refund for any remaining unused plan time or points from the old subscription, at the rate of the old subscription.
A downgrade in a subscription plan, you will be charged the new subscription price and then credited a refund for any remaining unused plan time or points from the old subscription, at the rate of the new subscription plan.
Corporate Account Cancellation and Termination
Your account Administrators are responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation unless confirmed by an nForm representative. Your account Administrators can cancel your account at any time by contacting us.
All Information from your account users will be deleted from the Service within 30 days upon cancellation. This information cannot be recovered once deleted.
If you cancel the Service before the end of your current paid up subscription period, your cancellation will take effect immediately and you will not be charged again.
nForm, in its sole discretion, has the right to suspend or terminate your account and refuse all current or future use of the Service, or any other nForm service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your corporate account, your access to your account, all access of your corporate users to their accounts, and the forfeiture and relinquishment of all Information in your account. nForm reserves the right to refuse its Service to anyone for any reason at any time.
Modifications to the Service and Prices
nForm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all automatically renewed Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the nForm websites and by email to your account Administrators.
nForm shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Information Ownership
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by nForm. nForm reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, nForm grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
All Information posted on the Service is must comply with your local and Canadian copyright and trademark laws.
We may, but have no obligation to, remove Information and Accounts containing Information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
nForm does not screen Information, but nForm reserves the right (but not the obligation) to refuse any Information.
We claim no intellectual property rights over the material you provide to the Service. Your profile and Information remain yours.
The look and feel of the Service is copyright by nForm Solutions Inc. All rights reserved. You may not duplicate, copy or reuse any portion of the HTML/CSS or visual design elements without express written consent from nForm.
You understand that nForm uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand that nForm also makes available through the Service additional services provided by third party vendors. The services and content of third party vendors is not nForm’s. Any such services and content are the sole responsibility of the entity that makes it available.
You understand that the technical processing and transmission of the Service, including your Information, involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You must not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service or nForm.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by nForm.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NFORM, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. NFORM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
NFORM, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF NFORM, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, NFORM, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET NFORM SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF NFORM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF NFORM, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold nForm and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). nForm reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by nForm in the defense of any Claims. nForm may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. nForm will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. nForm reserves the right to use a third party to host the Services. For questions about the Terms of Services, please contact us.
Technical support is only available in English via email and/or chat during support business hours (Eastern Time Zone). Extended hours, additional languages and phone or video calls may be provided on an “as is” and “as available” basis.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any nForm customer, employee, member, or officer will result in immediate account termination.
In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement or to nForm, the complaining party shall notify nForm in writing thereof. Within thirty (30) days of such notice, both parties shall meet at an agreed location in Montreal, Quebec, Canada or via phone conference or other phone or internet service to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the dispute, and in no event, shall it be made after the Province of Quebec statute of limitation for the claims has elapsed. The place of the arbitration shall be Montreal, Quebec, Canada or via telephone or other agreed upon means of communication. Each party shall be responsible for its own arbitration costs. The arbitration award shall be the sole and exclusive remedy between the parties concerning a dispute.
Governing Law and Jurisdiction
The present Agreement is governed by the laws of the Province of Quebec, Canada.
To the extent Mandatory Arbitration is deemed not applicable or unenforceable, all disputes, claims or controversies arising out of this Agreement, or the negotiation, validity or performance of this Agreement, or the transactions contemplated hereby will be governed by and construed in accordance with the laws of the Province of Quebec without regard to its rules of conflict of laws.
The parties hereby agree that the United Nations convention on contracts for the international sale of goods will not apply to this Agreement. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the Province of Quebec and the courts of Canada in the Province of Quebec (the “Quebec Courts”) for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the Quebec Courts and agrees not to plead or claim in any Quebec Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Quebec Courts.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute, the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
If any term or condition of this Agreement is held invalid, the remaining terms and conditions will remain in force. Further, such provision will be reformed only to the extent necessary to make it enforceable and the term or condition, which is held to be invalid, will remain in effect as far as possible in accordance with the intention of the parties.
Nothing in this Agreement shall be construed to place the parties hereto in an agency, employment, franchise, joint venture, or partnership relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties. Neither party will represent to the contrary, either expressly, implicitly or otherwise.
You or your company may not assign this Agreement without the prior written consent of nForm. Any attempted assignment in derogation of this section is null and void. A transfer of a controlling interest in the equity of your company will be deemed an assignment for purposes of this subsection. Subject to the foregoing, this Agreement will bind and inure to the benefit of any successors, and assigns, as well as Executive’s heirs, executors, administrators, and legal representatives.
This Agreement constitutes the entire agreement between the parties with respect to the access and use of the Services. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and prevails over any conflicting terms or conditions contained on printed forms submitted with purchase orders, sales acknowledgments or quotations. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
Some jurisdictions do not allow exclusion of implied warranties or Limitation of liability for incidental, special, punitive, or other indirect or consequential damages, so the limitations or exclusions of this section of this Agreement and may not apply to you or your company. In such jurisdictions, the liability of nForm will be limited to the greatest extent permitted by law.
I understand and agree to Terms of Service. I understand that I am enrolling in a subscription program. I authorize nForm via electronic signature to charge my credit card account the monthly subscription price in effect on date of enrolment and subsequently each month unless I cancel.