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Terms and Conditions Summary

USE OF THE BONFIRE® Film Development Platform IS STRICTLY SUBJECT TO THE FULL TERMS AND CONDITIONS OF USE.

Your use of the BONFIRE® Film Development Platform constitutes an acknowledgement of the full Terms and Conditions of Use. For your reference, we have prepared the following summary preview of certain key terms addressed in the Terms and Conditions of Use, but the highlights below are not a substitute for the Terms and Conditions of Use in any manner.

  • All results are estimations based on reasonable assumptions. Actual Test Results may vary from these estimations.
  • NOVA Chemicals provides no guarantees around estimates and further recommends verification of estimates by running extended trials on commercial equipment.
  • NOVA Chemicals reserves the right to grant or deny access to any users and access to BONFIRE® Film Development Platform may be discontinued at NOVA Chemicals' discretion.
  • User-entered pricing details are not accessible to NOVA Chemicals in any way or at any time.
  • NOVA Chemicals will take reasonable precautions to assure that User profile data is secure and kept private from third parties.
  • While NOVA Chemicals will not review data stored in the profiles of individual users, NOVA Chemicals reserves the right to review overall data in aggregate.

To view the full terms and conditions click here

To view the summary terms and conditions click here

Terms and Conditions

Complete Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of the BONFIRE® Film Development Platform ("Bonfire") site (the "Site") hosted by NOVA Chemicals Corporation (together with its subsidiaries, "NOVA Chemicals", "we" or "us"), including any content, functionality and services offered on or through the Site.

 

Please read the Terms of Use carefully before you use the Site. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.

 

This Site is offered and available to NOVA Chemicals customers in good standing and other users by request and/or with NOVA Chemicals’ permission. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, and use of, the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Accessing the Site and Account Security

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

If you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by these terms and conditions of use, and you consent to all actions we take with respect to your information consistent with the same.

 

User-Entered Data

NOVA Chemicals will store user entered pricing details to allow for access to this information by the same user at a later date. However, NOVA Chemicals will have no access to the pricing information entered.

 

In addition, NOVA Chemicals will not review data stored in the profiles of individual users. This includes pricing, specific multilayer structures, or resins added. However, NOVA Chemicals reserves the right to review overall data entered by various users in aggregate to review and analyses usage, including but not limited to, information such as website traffic, frequency of use, frequency of NOVA Chemicals or other resins being stored in structures, or the number of structures per user.

 

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, documents, illustrations, video and audio, and the design, selection and arrangement thereof), are owned by NOVA Chemicals, and may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by NOVA Chemicals. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks

All trademarks that are displayed on this website are the exclusive property of NOVA Chemicals, unless otherwise noted. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright and/or trademark laws or other intellectual property rights. Please see NOVA Chemicals’ Trademark Usage Policy for more information.

 

BONFIRE® is a registered trademark of NOVA Chemicals

 

Copyrights

Copyright © 2015-2020 by NOVA Chemicals, Corporation All rights reserved.

 

This Site or any portion thereof, including the code and algorithms used to do calculations as well as the pages displaying calculation results, may not be reproduced or used in any manner whatsoever without the express written permission.

 

Prohibited Uses

You may use this Site and the results, including without limitation screen captures, printouts, or other embodiments of the results (collectively, “Results”), obtained by using this Site for your own solely for your own general information purposes.  Results are exclusively for the use of registered users of the Site and may not be disclosed or provided to any third party. Results are for internal information purposes and may not be used in external presentations. All permitted copies of Results hereunder must include all copyright notices and disclaimers as presented by NOVA Chemicals.

 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (c) to send, knowingly receive, upload, download, reproduce, redistribute, use or re-use any material which does not comply with the Terms of Use, (d) to transmit, or procure the sending of, any advertising or promotional material or any other similar solicitation, (e) to impersonate or attempt to impersonate NOVA Chemicals, a NOVA Chemicals employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), or (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm NOVA Chemicals or users of the Site or expose them to liability.

 

Additionally, you agree not to (a) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site, (b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, (c)use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose, (d)use any device, software or routine that interferes with the proper working of the Site, (e)introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, or (g) otherwise attempt to interfere with the proper working of the Site.

 

Monitoring and Enforcement; Termination

NOVA Chemicals reserves the right to:

If compelled by law or legal authority, to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, NOVA Chemicals has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Reliance on Information And Results

The information presented on or through the Site is made available solely for general information purposes and is subject to change or removal without notice. The information presented above may include, or be based upon, information sourced from publicly available, third-party sources (“Third-Party Information”).We have not necessarily assessed such Third-Party Information for accuracy, for being up to date, appropriate for use, or otherwise and the publication, maintenance, accuracy, timeliness, and/or appropriateness of such Third-Party Information is beyond our control. NOVA Chemicals expressly disclaims any responsibility for the i) content or accuracy of Third-Party Information; and ii) the quality of any Third-Party Information and/or the products or services described by such Third-Party Information. We neither endorse nor make any representation regarding any such Third-Party Information, or the product or services described by such Third-Party Information.We do not warrant the accuracy, completeness or usefulness of the information presented on or through the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

BONFIRE® PLATFORM IS PROVIDED FOR USE IN GOOD FAITH WITHOUT WARRANTY, REPRESENTATION, OR LICENSE OF ANY KIND WHATSOEVER. THE INFORMATION GENERATED AS A RESULT OF USING THE BONFIRE® PLATFORM IS INTENDED TO BE USED ONLY AS A GUIDE. NOVA CHEMICALS SHALL HAVE ABSOLUTELY NO LIABILITY OR LEGAL RESPONSIBILITY WHATSOEVER WITH RESPECT TO THE USE OF BONFIRE® PLATFORM AND THE RESULTS THERE FROM . ALTHOUGH THE INFORMATION AVAILABLE ON THE SITE AND/OR CONTAINED IN RESULTS IS PRESENTED IN GOOD FAITH, BASED ON AVAILABLE INFORMATION BELIEVED TO BE RELIABLE, ALL SUCH INFORMATION AND SERVICES ARE PROVIDED “AS-IS” AND NOVA CHEMICALS MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE INFORMATION, SERVICES, OR THE PRODUCT/MATERIALS DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION NOVA CHEMICALS AND THIRD-PARTY INFORMATION. PRODUCTS AND/OR SERVICES. NOVA CHEMICALS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WITHOUT LIMITATION ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURACY, TIMELINESS, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE). NOVA CHEMICALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE USE OF THE BONFIRE MULTILAYER PROPERTY PREDICTOR DOES NOT INFRINGE ANY PATENT OF ANY THIRD PARTY. NOVA CHEMICALS DOES NOT TAKE RESPONSIBILITY FOR USE, TRANSPORTATION, STORAGE, HANDLING OR DISPOSAL OF THE PRODUCT/MATERIALS DESCRIBED HEREIN.

 

Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. This application-specific analysis at least must include testing to determine suitability from a technical as well as health, safety and environmental standpoint. In no event will NOVA Chemicals be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers. It is expressly understood and agreed that you assume and hereby expressly release NOVA Chemicals from all liability, in tort, contract or otherwise, incurred in connection with the use of information, Results and other technical assistance available on or through the Site.

 

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent, and NOVA Chemicals Corporation makes no representation or warranty, express or implied, that the use thereof will not infringe any patent. No license is implied or in fact granted under the claims of any patent.

 

The party and its employees using BONFIRE® Platform shall remain solely and exclusively responsible for the Standards and Procedures, including Safety Standards and Procedures, and for any use that it makes of the results of the BONFIRE® Platform, as well as conforming to and complying with all applicable Laws, Regulations, Rules, Permits, Licenses, Authorizations, and Codes relating to its facilities, operations and use of the information.

 

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site, including without limitation Third-Party Information, may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Site

Except for full name, phone, country, company, role, email and any other information that may be necessary to provide you a product or service at your request, our Site can be utilized without the disclosure of any additional personal information, and you are not required to provide any additional information as a condition for using the Site. Our web server may collect such information as name, address, IP address, domain, type and version of browser and operating system, and the website you came from and visit next. This information may be used by NOVA Chemicals and our business partners to measure the number of visits, average time spent, page views and other statistics about visitors to this Site in general. We may also use this data for performance and tracking purposes.

 

The collection of personal data only occurs when you provide it to us, through registration, completion of forms or emails, as part of an order for products or services, inquiries or requests about materials being ordered and similar situations in which you have chosen to provide such information. Such personal information will be used only by NOVA Chemicals or our agents and will not be passed on by NOVA Chemicals or our agents for use by third parties in any form whatsoever, unless we have obtained your consent or are legally required to do so. We will retain control over any such information, and such data may be stored on or processed on servers located in jurisdictions where data protection laws may differ from those of Canada and the United States. NOVA Chemicals will ensure that appropriate protections are in place to require the data processor in such jurisdiction to maintain protections on the data that are equivalent to those that apply in Canada or the United States.

 

We may use "cookies" or "scripts" to collect any of the information described above. You may adjust your Internet Browser to disable the use of cookies and scripts. However, if you do so, some functions of the Site may not be available without the use of such cookies or scripts.

 

Right of Access/Correction/Cancellation NOVA Chemicals hereby provides that you have the right to review and amend any personal information that is collected and stored as a result of your use of the Site if you believe such information is incorrect or out of date. You can do so, by sending an email to the address given in the contact information portion of the Site.

 

NOVA will protect and keep in confidence information entered by you into the BONFIRE® Platform using the same degree of care to prevent the unauthorized disclosure of your personal information that it uses to protect its own confidential information of a similar nature, but in no case less than a reasonable degree of care.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR RESULTS AND ANY OTHER ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless NOVA Chemicals, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

 

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver by NOVA Chemicals of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NOVA Chemicals to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use and all other relevant and cited documents incorporated by reference herein, constitute the sole and entire agreement between you and NOVA Chemicals with respect to the Site, and the use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site, and the use of the Site.