1. General

 

The terms and conditions stated herein constitute a legal agreement between you and emAPPetizer inc, a Canadian corporation. In order to use the Website and Application, you must agree to the terms and conditions set out below. You further acknowledge and agree that you have read and understand 1st Incident Reporting’s Privacy Policy available at https://1stincidentreporting.com/en/privacy-policy/. The Privacy Policy, which applies to your use of the Website and Application, is hereby incorporated into this Agreement.

 

 

  1. User registration

 

Registration: In order to use 1st Incident Reporting’s Website or Application, you will need to sign up for an account. You must provide 1st Incident Reporting with accurate, complete, and current information.

 

Password: You agree and understand that you are responsible for maintaining the confidentiality of your user account password.

 

Unauthorized use: You agree to notify emAPPetizer of any unauthorized use of your user account at the following email address:  info@1stincidentreporting.com. emAPPetizer will not be liable for any costs, damages or expenses out of failure by you to maintain security of your account password.

 

 

  1. Rights granted

 

By submitting information, data, passwords, usernames, materials and other content to emAPPetizer through your use of the Website or Application, you are licensing that content to emAPPetizer. emAPPetizer may use and store the content in accordance with this Agreement and our Privacy Policy.

 

 

  1. Representation and warranties by User

 

By using the Website or Application, you expressly represent and warrant that you are at least 14 years old and that you have the right, authority and capacity to enter into this Agreement. However, if the law requires you to be older in order to use our Website or Application, you expressly represent and warrant that you are of such older age. When using the Website or Application, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website or Application.

 

By using the Website or Application, you agree that:

 

  • You will only use the Website or Application for lawful purposes. You will not use the Website or Application for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on emAPPetizer.

 

  • You will not post any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (iii) material that infringes on any other intellectual property, privacy or publicity right of another, (iv) advertisement, promotional materials or solicitation related to any product or service that is competitive with emAPPetizer products or services or (v) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses;

 

  • You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website or Application.

 

  • You will not impersonate another person;

 

  • You will not engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, provincial, state, national or international law or regulation, or which fails to comply with accepted Internet protocol;

 

 

 

  1. Modifications

 

emAPPetizer may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the changes on the Website). This Agreement will always indicate the date it was last revised.

 

If you do not agree to the changes, do not use 1st Incident Reporting’s Website or Application. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Website or Application after those changes are posted.

 

You agree that emAPPetizer shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Website or Application.

 

 

  1. Payment terms

 

Any fees that emAPPetizer may charge you for the use of the Website or Application are due immediately and are non-refundable. This policy shall apply at all times regardless of your decisions to terminate your usage, our decisions to terminate your usage, disruption caused to the Website or Application either planned, accidental or intentional, or any reason whatsoever.

 

 

  1. Intellectual Property

 

Copyright: The contents of the Website and Application, including but not limited to text, graphics, images, logos, button icons, photographs, editorial content, notices, software (including html-based computer programs) and other material, are protected under applicable copyright laws. The contents of the Website and Application belong to emAPPetizer, inc. emAPPetizer grants you the right to view and use the Website and Application subject to these terms.

 

You may download or print a copy of information for the Website or Application for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Website or Application, in whole or in part for any other purpose, is expressly prohibited without any prior written consent. You agree not to use, nor permit any third party to use, the Website or Application in a manner that violates applicable law, regulation or this Agreement.

 

Trademarks: All trademarks, service marks and logos included on the Website or Application are property of emAPPetizer or third parties and you may not use them without the express, prior written consent of emAPPetizer or the applicable third party.

 

You agree not to upload or post to the Website or Application any trademarks, copyrighted materials or other proprietary information belonging to any third party without the third-party’s prior written consent. emAPPetizer may, at its sole discretion, terminate your access to the Website or Application if you infringe third parties’ copyright.

 

If you believe your work has been illegally uploaded on 1st Incident Reporting’s Website or Application, you may send a written notice to emAPPetizer at info@1stincidentreporting.com

 

 

  1. Access and interference

 

You agree that you will not:

 

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or Application, without emAPPetizer’s express written consent, which may be withheld in emAPPetizer’s sole discretion;

 

  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website or Application, other than the search engines and search agents available through the Website or Application and other than generally available third-party web browsers;

 

  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website or Application;

 

  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or Application; or

 

  • Attempt to gain an unauthorized access to any portion of the Website or Application or its related systems or networks;

 

  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

 

  • Attempt to interfere with the function of the Website or Application, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services;

 

 

  1. Internet Delays

 

The Website or Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. emAPPetizer is not responsible for any delays, delivery failures, or other damages of whatsoever nature resulting from such problems.

 

 

  1. Indemnification

 

By entering into this Agreement and using the Website or Application, you agree that you shall defend, indemnify and hold emAPPetizer, its licensors, and each of their shareholders, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including  attorney’s fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Website or Application, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of emAPPetizer.

 

 

 

 

 

  1. Limitation of liability

 

emAPPetizer shall in no event be responsible or liable to you or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to the sites, your use of the services, the sites or this agreement, even if emAPPetizer has been advised of the possibility of such damages.

 

Notwithstanding anything to the contrary in this agreement, emAPPetizer’s liability to you for any case whatever and regardless of the form of action, will at all times be limited to the amounts paid by you to emAPPetizer for the use of 1st Incident Reporting in the three (3) months period immediately preceding the event giving rise to such claim or 50$ (fifty American dollars), whichever is greater.

 

 

  1. Termination

 

emAPPetizer may at any time, terminate this Agreement, cancel your subscription and suspend or deny, in its sole discretion, your access to all or any portion of the Website or Application without notice if:

 

  • you have breached any provision of this Agreement or any applicable law or intend to breach any provision;
  • emAPPetizer is required to do so by law;
  • emAPPetizer is transitioning to no longer providing services to persons in the country in which you are resident or from which you use the Website or Application;
  • your conduct has impacted emAPPetizer’s name or reputation

 

You agree that emAPPetizer shall not be liable to you or any third party for any termination of your access to the Website or Application.

 

If you wish to terminate this Agreement, you may cease all use of the Website or Application and request emAPPetizer to cancel your account via email to info@1stincidentreporting.com. If you are on a paid subscription plan, emAPPetizer will stop billing you at the end of the billing cycle you are currently in.

 

 

 

  1. Dispute Resolution

 

If a dispute arises out of or relates to this Agreement, either party may not commence any Court proceedings in relation to the dispute, unless the following clauses have been complied with:

 

  • A party to this Agreement claiming a dispute has arisen under the Agreement, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

 

  • On receipt of that notice by that other party, the parties must:

 

  • Within 30 days of the notice try to resolve in good faith the Dispute through negotiation

 

  • If for any reason whatsoever, 30 days after the date of the notice, the dispute has not been resolved, the Parties must either agree upon selection of a mediator

 

  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

 

  • The mediation will be held in Montreal, Quebec, Canada.

 

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

 

If seven (7) days have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

 

  1. Governing Law and Jurisdiction

 

This Agreement and any action related to this Agreement will be governed by the laws of the Province of Quebec without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action in relation to this Agreement will be the district of Montreal and each Party agrees to waive any objection to jurisdiction and venue in such courts.