Terms of Use 2022-07-19T18:11:50+00:00

TERMS OF USE

Use of this website is subject to these terms of use which constitute a legal agreement between you and Nanoptix Incorporated and its related bodies corporate (as defined in the Canada Business Corporations Act) (“Nanoptix”). This Agreement governs your use of any website or web page operated by Nanoptix. 

YOUR ACCESS TO THE NANOPTIX SITE

By using this site, you agree that you have read and understood and agree to be bound by these terms of use and all applicable laws and regulations. These terms of use may be varied or updated by Nanoptix at any time, and you will be deemed to accept any such changes by continuing to access the site after the changes have been made. Accordingly, you are required to review these terms of use regularly.

Nanoptix reserves the right to refuse you access to this site or to limit or customise, in any way, the parts of this site to which you are given access. Nanoptix has the right to change, add to or remove any information or any product or service from this site at any time, without notice to you.  Note that not all the products shown on this site are available in all jurisdictions.  Unless specifically identified as offers, no offers of any kind are made on the site. Any offers made on the site are made strictly on their applicable terms and no other terms (subject to applicable laws).  Offers may only be accepted by you complying strictly with the stated acceptance provisions.  Your access to this site, or any aspect of it including these conditions, is governed by the laws of the Province of New Brunswick, Canada. You agree to submit to the jurisdiction of the courts of New Brunswick and waive any right to object to that jurisdiction.

The Statements provided on this website contains certain statements regarding Nanoptix’ targets, goals, commitments, initiatives and objectives, which are based on current beliefs of the management of Nanoptix as well as expectations of assumptions made by, and information currently available to management that may include standards of measurement and performance that are either developing or are based on assumptions. The expectations in these statements are subject to various risks, uncertainties, changes in circumstances and other factors, many of which are outside Nanoptix’ control. Although we assume the expectations in these statements are realistic, we cannot guarantee they will be realized or, even if substantially realized, that those results will have the expected consequences and effects. Therefore, you should not place undue reliance on such statements.

INFORMATION ON SITE AND LINKED SITES

This site is intended to be used for informational purposes only. The information contained on it is provided on an “as is” basis only. Whilst Nanoptix has taken reasonable care in presenting the material on this site, you access the site and any material on it at your own risk. Nanoptix does not warrant the accuracy or timeliness of:

  • any of the information on this site. You must use your own enquires to verify the accuracy of that information.
  • any of the information on any site which is referred to or linked to or with this site (a “Linked Site”). Linked Sites are referred to on this site for convenience only. Nanoptix does not in any way endorse the information on any Linked Site, or any products or services referred to on any Linked Site and Nanoptix is not responsible for any information or material appearing on any Linked Site.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable laws:

  1. Nanoptix excludes any and all liability to you, whether caused by the negligence of Nanoptix, its servants or agents or otherwise for any loss or damage, direct, indirect, known to Nanoptix or not, special or consequential for any use of this site or any Linked Site, including without limitation any loss of profits, business interruption or damage to any computer systems or software or any loss of data resulting from your access to this site or the use of any information, products or services referred to or offered for sale or supplied on this site or any Linked Site regardless of whether the damage or loss results from breach of contract, breach of warranty, negligence or any other cause of action.
  2. Nanoptix provides the website “as is” and all information on this site is provided without any warranty, express or implied (including without limitation implied warranties of merchantability or fitness for purpose or non-infringement) in relation to any products or services referred to or offered on this site.
  3. Nanoptix’s liability in any circumstances unless explicitly provided in writing will not exceed the purchase price of the products sold to its customers.

YOUR USE OF INFORMATION

You must not use information from this site or post information onto this site which would infringe any intellectual property rights including but not limited to any copyright or trade marks of any third party, or which is unlawful, defamatory or obscene or which would involve illegal acts or breach the laws of any country.
Nanoptix reserves the right to take any steps necessary to limit or prevent your access to this site or to remove any illegal material which is posted to this site or information on this site which is used illegally.

YOUR LICENCE TO NANOPTIX

You grant Nanoptix an irrevocable licence to use, reproduce, modify, and sublicense, for any purpose and in any way without any restriction, any material you post onto or otherwise transmit to this site. You acknowledge and warrant to Nanoptix that any information you post on or transmit to this site:

  • Is not confidential and does not breach any confidentiality rights or the intellectual property rights of any other person;
  • Does not expose Nanoptix to any civil, criminal, or quasi criminal liability under any applicable laws.

You must promptly notify Nanoptix of any information which might limit Nanoptix’s right to use information posted to or transmitted to this site by you as soon as you become aware of that information. You indemnify Nanoptix for any loss or damage (including any costs, expenses or fines arising from any civil or criminal proceedings) it suffers as a result of any use you make of the information on this site, or any site referred to or linked to this site.

REGISTERED USE OF SITE

Certain parts of this site may require you to register information with Nanoptix as a condition of access to them. You must supply accurate and truthful information when requested by Nanoptix. You indemnify Nanoptix for any liability, loss or damage or any kind, including costs and expenses, resulting from your failure to properly provide accurate and truthful information for the purpose of registration with Nanoptix or this site. Rest assured that Nanoptix abides by Canadian privacy laws. Please see https://www.priv.gc.ca/en/for-businesses/  for details.   Please do not share your password with any third party as you will be solely responsible and liable for all activities conducted under your password

CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

Certain users may access Nanoptix confidential or proprietary information by means of username and password provided by Nanoptix.  All users downloading or obtaining this confidential information must have a Confidentiality and Non-Disclosure Agreement prior to obtaining the confidential information.  It is strictly forbidden to disclose, send, share, or distribute by any means electronically or other, any Confidential Information with any 3rd party without the expressed written permission of Nanoptix.

Unless otherwise indicated, the Site is Nanoptix proprietary property and all source code, databases, functionality, software, website designs, audio, text, photographs, graphics, documents on the Site (collectively the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Nanoptix, or licensed to Nanoptix and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions and international conventions.

UNSOLICITED IDEAS

Neither Nanoptix nor any its employees accept or consider any ideas, concepts or materials relating to any aspect of its business, including but not limited to new or improved products, enhancements, themes, processes, artwork, graphics, or relating to any aspect of thermal printer technology, amusement or gaming. (“Ideas”), unless specifically requested by them. Do not send or submit any such Ideas in any form to Nanoptix or any of its employees. The purpose of this notice is to avoid any disputes or misunderstandings should Nanoptix release any products or services that might seem similar to Ideas submitted to Nanoptix. If you choose to submit any Ideas to Nanoptix, by electronic means or any other means, unless mutually agreed to otherwise, in writing, then you hereby agree to the following terms and conditions regardless of any statements by you to the contrary:

  1. The Ideas will be treated as non-confidential.
  2. The Ideas and any intellectual property rights relating thereto shall automatically become the property of Nanoptix without any compensation or accounting to you. In the event the property transfer is incomplete or ineffective then you hereby release Nanoptix from any and all claims related to such Ideas and hereby grant Nanoptix an unrestricted, irrevocable, worldwide, non-exclusive, perpetual, fully sublicensable, transferable, royalty-free right and license under all worldwide intellectual property rights to use, copy, reproduce, adapt, modify, translate, distribute, publicly display, perform, modify, rent, sell, make, have made, import, create derivative works from, and otherwise freely use the Ideas for any purpose.
  3. You represent and warrant that you own or have all of the rights to the Ideas and have full authority to disclose such Ideas to Nanoptix.
  4. Nanoptix is under no obligation to review the Ideas.
  5. Nanoptix is under no obligation to communicate with you regarding the Ideas or any plans related thereto.

GENERAL

If any part of this Agreement is determined to be invalid or unenforceable in any jurisdiction, such part(s) will be read down and will not affect the validity of the remaining parts of the Agreement.

Nanoptix may assign this Agreement in whole or in part to a third party at any time with or without notice.  This Agreement constitutes the entire agreement between you and Nanoptix with respect to your use of the Nanoptix website(s) and it supersedes any other communications or proposals whether written, oral, or electronic with respect to your use of any Nanoptix website(s).